BILL NUMBER: SB 2035	CHAPTERED  09/08/00

	CHAPTER   343
	FILED WITH SECRETARY OF STATE   SEPTEMBER 8, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 6, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	PASSED THE ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN ASSEMBLY   JUNE 8, 2000

INTRODUCED BY   Committee on Environmental Quality (Senators Sher
(Chair), Alarcon, Alpert, Chesbro, Hayden, McPherson, O'Connell,
Solis, and Wright)

                        FEBRUARY 25, 2000

   An act to amend Section 8574.21 of the Government Code, to amend
Sections 901, 25110.10, 25111, 25111.1, 25112, 25123.3, 25123.5,
25141.5, 25143.2, 25143.13, 25149, 25150, 25160, 25163, 25179.6,
25186.1, 25199.6, 25199.10, 25201.6, 25201.15, 25244.15, 25244.19,
25244.20, 25420, 41805.5, 41982, and 41983 of, and to add Section
25250.27 to, the Health and Safety Code, to amend Sections 3460,
3470, 30420, 43308, and 44103 of the Public Resources Code, and to
amend Section 13273 of the Water Code, relating to environmental
hazards.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 2035,  Committee on Environmental Quality.  Hazardous waste
management.
   (1) Existing law, the Governor's Reorganization Plan No. 1 of
1991, created the California Environmental Protection Agency and
transferred the State Air Resources Board, the California Integrated
Waste Management Board, the State Water Resources Control Board, and
the California regional water quality control boards to the agency.
The plan created the Department of Toxic Substances Control in the
agency and transferred to that department the toxic substances
control program from the State Department of Health Services.
   This bill would make various statutory changes to conform to the
changes made by the plan.
   (2) Existing law defines the term "storage facility" for purposes
of the hazardous waste control laws as including, among other types
of facilities, a facility where hazardous waste is stored for
specified periods of time.  A violation of the hazardous waste
control laws is a crime.
   This bill would specify when the period of time begins with regard
to the accumulation of specified types of hazardous waste.  The bill
would also make conforming changes to the definition of
consolidation site.
   (3) Existing law defines the term "treatment" for purposes of the
hazardous waste control laws.  This bill would exclude, from that
definition of "treatment," combinations of specified chemicals used
to disinfect medical devices.
   (4) Existing law exempts certain wastes containing silver or
silver compounds from the hazardous waste control laws.
   This bill would provide that the exemption for wastes containing
silver and silver compounds does not exempt other wastes due to the
presence of other constituents or other waste characteristics.
   (5) Existing law establishes procedures for a land use decision by
a local agency concerning a hazardous waste facility project, as
defined.  The department is required to review for completeness each
application for a hazardous waste facilities permit and to notify the
applicant within 60 days of receipt whether the application is
complete.
   This bill would decrease to 30 days the time in which the
department is required to make that notification to an applicant.
   (6) Existing law requires hazardous waste facilities to operate
under hazardous waste facilities permits issued by the department.
The existing Wright-Polanco-Lempert Hazardous Waste Treatment Permit
Reform Act of 1992 requires the department to adopt regulations for
series A, B, and C standardized permits for offsite non-RCRA
hazardous waste treatment or storage facilities.  Existing law
exempts facilities engaging in treating solvents or thermal
destruction from eligibility for a standardized permit.
   This bill would exempt, from the treatment or thermal destruction
that is ineligible for a standardized permit, the incidental
destruction of small amounts of nonmetal constituents in a unit that
recovers precious metals, as specified.
   (7) The existing Hazardous Waste Source Reduction and Management
Review Act of 1989 requires specified generators of hazardous waste
to maintain certain plans and reports with regard to hazardous waste
reduction practices.  The act authorizes the department to request,
from any generator subject to the act, a copy of the generator's
source reduction evaluation review and plan, which is required to
include information regarding certain hazardous waste streams.
   This bill would revise the types of hazardous wastes required to
be included in the review and plan.
   (8) The bill would make conforming and related changes.
   (9) Since a violation of the bill's requirements would be a crime
pursuant to other provisions of law, the bill would impose a
state-mandated local program.
  (10) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8574.21 of the Government Code is amended to
read:
   8574.21.  (a) The Office of Emergency Services shall develop the
curriculum to be used in classes that meet the program requirements
and shall adopt standards and procedures for training instructors at
the California Specialized Training Institute.
   (b) The curriculum for the training and education program
established pursuant to this article shall include all of the
following aspects of hazardous substance incident response actions:
   (1) First responder training.
   (2) On-scene manager training.
   (3) Hazardous substance incident response training for management
personnel.
   (4) Hazardous materials specialist training that equals or exceeds
the standards of the National Fire Protection Association.
   (5) Environmental monitoring.
   (6) Hazardous substance release investigations.
   (7) Hazardous substance incident response activities at ports.
   (c) The Office of Emergency Services shall establish a curriculum
development advisory committee, which shall consist of a
representative from each of the following agencies or organizations:

   (1) The Office of Emergency Services.
   (2) The Office of the State Fire Marshal.
   (3) The Department of Toxic Substances Control.
   (4) The Department of Fish and Game.
   (5) The State Water Resources Control Board.
   (6) The Department of the California Highway Patrol.
   (7) The California Police Chiefs' Association.
   (8) The California Fire Chiefs' Association.
   (9) The Commission on Police Officer Standards and Training.
   (10) The California District Attorneys' Association.
   (11) The Department of Forestry and Fire Protection.
   (12) The Emergency Medical Services Authority.
   (13) The Department of Transportation.
   (14) The Environmental Protection Agency.
   (15) The Chemical Industry Council of California.
   (16) The California Manufacturers Association.
   (17) The California Conference of Local Health Officers.
   (18) The University of California.
   (19) The California State Fireman's Association.
   (20) The California State University.
   (21) The California Professional Firefighters.
   (22) The California Association of Highway Patrolmen.
   (23) The Office of Environmental Health Hazard Assessment.
   (d) The curriculum development advisory committee shall advise the
Office of Emergency Services on the development of course curricula
and the standards and procedures specified in subdivision (a).  In
advising the Office of Emergency Services, the committee shall do the
following:
   (1) Assist, and cooperate with, representatives of the Board of
Governors of the California Community Colleges in developing the
course curricula.
   (2) Ensure that the curriculum developed pursuant to this section
is accredited by the State Board of Fire Services.
   (3) Define equivalent training and experience considered as
meeting the initial training requirements as specified in subdivision
(a) that existing employees might have already received from actual
experience or formal education undertaken, and which would qualify as
meeting the requirements established pursuant to this article.
   (e) The representative from the Office of Emergency Services shall
serve as the chairperson of the curriculum development advisory
committee.
   (f) After the course curricula and standards are established
pursuant to subdivision (a), the curriculum development advisory
committee shall meet at least once each year to review the program
and advise the Office of Emergency Services on any required
revisions.
   (g) The Office of Emergency Services shall make the curriculum
development advisory committee a subcommittee of the Curriculum
Advisory Board of the California Specialized Training Institute.
   (h) This article does not affect the authority of the State Fire
Marshal granted pursuant to Section 13142.4 or 13159 of the Health
and Safety Code.
   (i) Upon completion of instructor training and certification
pursuant to subdivision (e) of Section 8574.20 by any employee of the
Department of the California Highway Patrol, the Commissioner of the
California Highway Patrol may deem any training programs taught by
that employee to be equivalent to any training program meeting the
requirements established pursuant to this article.
  SEC. 2.  Section 901 of the Health and Safety Code is amended to
read:
   901.  (a) As used in this section:
   (1) "Center" means the Children's Environmental Health Center
established pursuant to Section 900.
   (2) "Office" means the Office of Environmental Health Hazard
Assessment.
   (b) On or before June 30, 2001, the office shall review cancer
risk assessment guidelines for use by the office and the other
entities within the California Environmental Protection Agency to
establish cancer potency values or numerical health guidance values
that adequately address carcinogenic exposures to the fetus, infants,
and children.
   (c) The review required by subdivision (b) shall include a review
of existing state and federal cancer risk guidelines, as well as new
information on carcinogenesis, and shall consider the extent to which
those guidelines address risks from exposures occurring early in
life.
   (d) The review required by subdivision (b) shall also include, but
not be limited to, all of the following:
   (1) The development of criteria for identifying carcinogens likely
to have a greater impact if exposures occur early in life.
   (2) The assessment of methodologies used in existing guidelines to
address early-in-life exposures.
   (3) The construction of a data base of animal studies to evaluate
increases in risks from short-term early-in-life exposures.
   (e) On or before June 30, 2004, the office shall finalize and
publish children's cancer guidelines that shall be protective of
children's health.  These guidelines shall be revised and updated as
needed by the office.
   (f) (1) On or before December 31, 2002, the office shall publish a
guidance document, for use by the Department of Toxic Substances
Control and other state and local environmental and public health
agencies, to assess exposures and health risks at existing and
proposed schoolsites.  The guidance document shall include, but not
be limited to, all of the following:
   (A) Appropriate child-specific routes of exposure unique to the
school environment, in addition to those in existing exposure
assessment models.
   (B) Appropriate available child-specific numerical health effects
guidance values, and plans for the development of additional
child-specific numerical health effects guidance values.
   (C) The identification of uncertainties in the risk assessment
guidance, and those actions that should be taken to address those
uncertainties.
   (2) The office shall consult with the Department of Toxic
Substances Control and the State Department of Education in the
preparation of the guidance document required by paragraph (1) in
order to ensure that it provides the information necessary for these
two agencies to meet the requirements of Sections 17210.1 and 17213.1
of the Education Code.
   (g) On or before January 1, 2002, the office, in consultation with
the appropriate entities within the California Environmental
Protection Agency, shall identify those chemical contaminants
commonly found at schoolsites and determined by the office to be of
greatest concern based on criteria that identify child-specific
exposures and child-specific physiological sensitivities.  On or
before December 31, 2002, and annually thereafter, the office shall
publish and make available to the public and to other state and local
environmental and public health agencies and school districts,
numerical health guidance values for five of those chemical
contaminants identified pursuant to this subdivision until the
contaminants identified have been exhausted.
   (h) On and after January 1, 2002, and biannually thereafter, the
center shall report to the Legislature and the Governor on the
implementation of this section as part of the report required by
subdivision (d) of Section 900.  The report shall include, but not be
limited to, information on revisions or modifications made by the
office and other entities within the California Environmental
Protection Agency to cancer potency values and other numerical health
guidance values in order to be protective of children's health.  The
report shall also describe the use of the revised health guidance
values in the programs and activities of the office and the other
boards and departments within the California Environmental Protection
Agency.
   (i) Nothing in this section relieves any entity within the
California Environmental Protection Agency of complying with Chapter
3.5 (commencing with Section 11340) of Part 2 of Division 3 Title 2
of the Government Code, to the extent that chapter is applicable to
the entity on or before July 19, 2000, or the effective date of
Section 57004.
  SEC. 2.5.  Section 25110.10 of the Health and Safety Code is
amended to read:
   25110.10.  (a) "Consolidation site" means a site to which
hazardous waste initially collected at a remote site, as defined in
Section 25121.3, is transported.
   (b) Hazardous waste initially collected at a remote site and
subsequently transported to a consolidation site, which is operated
by the generator of the hazardous waste, shall be deemed to be
generated at the consolidation site for purposes of this chapter if
the generator complies with the notification requirements of
subdivision (d) and all of the following conditions are met:
   (1) The hazardous waste is non-RCRA hazardous waste, or the
hazardous waste or its management at the consolidation site is
otherwise exempt from, or is not otherwise regulated pursuant to, the
federal act.
   (2) (A) The hazardous waste is not generated through large spill
cleanup activities.
   (B) As used in this paragraph, "large spill cleanup" means a spill
cleanup operation that generates more than a total of 275 gallons or
2,500 pounds, whichever is greater, of hazardous waste.
   (3) The hazardous waste is transported to the consolidation site
within 10 days from the date that the generator first begins to
actively manage the hazardous waste at the remote site, unless the
generator has been granted an extension to the 10-day period.  An
extension of up to 20 days may be granted by the department, if the
generator demonstrates to the department's satisfaction that more
than 10 days is required to collect and transport the hazardous waste
to the consolidation site solely for the purpose of facilitating
effective and efficient removal, collection, or transportation of the
hazardous waste.
   (4) The hazardous waste is not handled at any interim site en
route from the remote site to the consolidation site, except that the
hazardous waste may be temporarily held at an interim site pursuant
to subdivision (b) of Section 25121.3 and subdivision (e) of Section
25163.3.
   (5) At the consolidation site, the hazardous waste is managed at
all times in accordance with all applicable requirements of this
chapter and the regulations adopted by the department pursuant to
this chapter.  For purposes of Section 25123.3, the accumulation
period shall begin on the day that the hazardous waste arrives at the
consolidation site.
   (6) Each container of hazardous waste is labeled at the remote
site, in accordance with the regulations adopted by the department
pertaining to labeling requirements for generators, and the label
remains on the container at all times while the hazardous waste is in
the container and in the possession of the generator.  Each
container shall be labeled with the date that the container reaches
the consolidation site.  If individual containers are placed into a
larger container, the labeling information required pursuant to this
paragraph and paragraph (6) of subdivision (b) of Section 25121.3
shall also be placed on the outside of the larger container.  If the
hazardous waste is transferred to another container, the labeling
information required pursuant to this paragraph and paragraph (6) of
subdivision (b) of Section 25121.3 shall also be placed on the
outside of the new container.
   (7) The generator maintains at the consolidation site the
information specified in paragraphs (1) to (10), inclusive, of
subdivision (g) of Section 25163.3 for each shipment of hazardous
waste initially collected at a remote site that is received at the
consolidation site.  This information shall be maintained for at
least three years from the date that hazardous waste is received at
the consolidation site.  For shipments subject to the requirement to
be accompanied by a shipment paper pursuant to subdivision (g) of
Section 25163.3, the requirements of this paragraph may be fulfilled
by maintaining a copy of the shipping paper at the consolidation
site.
   (c) For purposes of paragraph (1) of subdivision (d) of Section
25123.3, the "initial accumulation point" for hazardous waste
initially collected at a remote site and subsequently transported to
a consolidation site, in accordance with subdivision (b), shall be
deemed to be the location where the hazardous waste is first
accumulated at the consolidation site.
   (d) (1) Subdivision (b) of this section and subdivision (b) of
Section 25121.3 apply only to a generator who annually submits a
notification of the generator's intent to operate under this
exemption, in person or by certified mail, with return receipt
requested, to the department and one of the following:
   (A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
   (B) If the generator is not under the jurisdiction of a CUPA, to
the officer or agency authorized pursuant to subdivision (f) of
Section 25404.3 to implement and enforce the requirements of this
chapter listed in paragraph (1) of subdivision (c) of Section 25404.

   (2) Any person who submits a notification of their intent to
operate under this exemption shall comply with the requirements of
this section and Sections 25121.3 and 25163.3.
   (3) The notification required pursuant to paragraph (1) shall
include all of the following information:
   (A) A general description of the remote location from which the
non-RCRA hazardous waste will be initially collected.
   (B) A description of the type of hazardous waste that may be
collected.
   (C) The location of the consolidation site and the generator ID
number for that generator.
   (D) Significant differences in the generator's operations from the
prior year's notification.
   (e) Following the procedures specified in Section 25187, the
department may revoke a generator's authority to operate pursuant to
the exemption specified in this section and Sections 25121.3 and
25163.3, if the generator has demonstrated a pattern of failure to
meet the requirements of this section and Sections 25121.3 and
25163.3 and the department, or the local officer or agency authorized
to enforce this section pursuant to subdivision (a) of Section
25180, has notified the generator of these violations prior to
issuing an order pursuant to Section 25187.
  SEC. 3.  Section 25111 of the Health and Safety Code is amended to
read:
   25111.  "Department" means the Department of Toxic Substances
Control.
  SEC. 3.5.  Section 25111.1 of the Health and Safety Code is amended
to read:
   25111.1.  "Designated local public officer" means a local public
officer designated by the director pursuant to subdivision (a) of
Section 25180.
  SEC. 4.  Section 25112 of the Health and Safety Code is amended to
read:
   25112.  "Director" means the Director of Toxic Substances Control.

  SEC. 5.  Section 25123.3 of the Health and Safety Code is amended
to read:
   25123.3.  (a) For purposes of this section, the following terms
have the following meaning:
   (1) "Liquid hazardous waste" means a hazardous waste that meets
the definition of free liquids, as specified in Section 66260.10 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1994.
   (2) "Remediation waste staging" means the temporary accumulation
of non-RCRA contaminated soil that is generated and held onsite, and
that is accumulated for the purpose of onsite treatment pursuant to a
certified, authorized or permitted treatment method, such as a
transportable treatment unit, if all of the following requirements
are met:
   (A) The hazardous waste being accumulated does not contain free
liquids.
   (B) The hazardous waste is accumulated on an impermeable surface,
such as high density polyethylene (HDPE) of at least 20 mills that is
supported by a foundation, or high density polyethylene of at least
60 mills that is not supported by a foundation.
   (C) The generator provides controls for windblown dispersion and
precipitation runoff and run-on and complies with any stormwater
permit requirements issued by a regional water quality control board.

   (D) The generator has the accumulation site inspected weekly and
after storms to ensure that the controls for windblown dispersion and
precipitation runoff and run-on are functioning properly.
   (E) The staging area is certified by a registered engineer for
compliance with the standards specified in subparagraphs (A) to (D),
inclusive.
   (3) "Transfer facility" means any offsite facility that is related
to the transportation of hazardous waste, including, but not limited
to, loading docks, parking areas, storage areas, and other similar
areas where shipments of hazardous waste are held during the normal
course of transportation.
   (b) "Storage facility" means a hazardous waste facility at which
the hazardous waste meets any of the following requirements:
   (1) The hazardous waste is held for greater than 90 days at an
onsite facility.  The department may establish criteria and
procedures to extend that 90-day period, consistent with the federal
act, and to prescribe the manner in which the hazardous waste may be
held if not otherwise prescribed by statute.
   (2) The hazardous waste is held for any period of time at an
offsite facility which is not a transfer facility.
   (3) (A) Except as provided in subparagraph (C), the hazardous
waste is held at a transfer facility for periods greater than six
days, or greater than 10 days for transfer facilities in areas zoned
industrial by the local planning authority.
   (B) The department may adopt regulations which set forth
enforceable management standards that protect human health and the
environment and which apply to persons holding hazardous waste at a
transfer facility located in a commercial or residential area
pursuant to subparagraph (A).  Any regulations adopted pursuant to
this subparagraph shall be considered by the Office of Administrative
Law to be necessary for the immediate preservation of the public
peace, health and safety, and general welfare, and may be adopted as
emergency regulations in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
   (C) (i) The department may extend the period of time specified in
subparagraph (A) for hazardous waste that is generated as a result of
an emergency release and that is collected and temporarily stored by
emergency rescue personnel, as defined in Section 25501, or by a
response action contractor upon the request of emergency rescue
personnel or the response action contractor.
   (ii) Notwithstanding any other provision of law, a transfer
facility that holds hazardous waste for periods greater than six
days, or greater than 10 days for transfer facilities in areas zoned
industrial by the local planning authority, pursuant to this
subparagraph shall not be classified as a storage facility.
   (iii) For purposes of this subparagraph, "response action
contractor" means any person who enters into a contract with the
department to take removal or remedial action pursuant to Chapter 6.8
(commencing with Section 25300) in response to a release or
threatened release, including any subcontractors of the response
action contractor.
   (4) (A) Except as provided in subparagraph (B), the hazardous
waste is held onsite for any period of time, unless the hazardous
waste is held in a container, tank, drip pad, or containment building
pursuant to regulations adopted by the department.
   (B) Notwithstanding subparagraph (A), a generator that accumulates
hazardous waste generated and held onsite for 90 days or less for
offsite transportation is not a storage facility if all of the
following requirements are met:
   (i) The waste is non-RCRA contaminated soil.
   (ii) The hazardous waste being accumulated does not contain free
liquids.
   (iii) The hazardous waste is accumulated on an impermeable
surface, such as high density polyethylene (HDPE) of at least 20
mills that is supported by a foundation, or high density polyethylene
of at least 60 mills that is not supported by a foundation.
   (iv) The generator provides controls for windblown dispersion and
precipitation runoff and run-on and complies with any stormwater
permit requirements issued by a regional water quality control board.

   (v) The generator has the accumulation site inspected weekly and
after storms to ensure that the controls for windblown dispersion and
precipitation runoff and run-on are functioning properly.
   (vi) The generator, after final offsite transportation, inspects
the accumulation site for contamination and remediates as necessary.

   (vii) The site is certified by a registered engineer for
compliance with the standards specified in clauses (i) to (vi),
inclusive.
   (5) The hazardous waste is held at a transfer facility for any
period of time in a manner other than in a container or tank.
   (6) (A) Except as provided in subparagraph (B), the hazardous
waste is held at a transfer facility for any period of time and
handling occurs.
   (B) Notwithstanding subparagraph (A), and to the extent consistent
with the federal act, a transfer facility is not a storage facility
if the hazardous waste is held in containers or tanks at a transfer
facility for a period of six days or less, or 10 days or less for
transfer facilities in areas zoned industrial by the local planning
authority, and no handling occurs, other than the transfer of
packages or containerized hazardous waste from one vehicle to
another.
   (c) The time period for calculating the 90-day period for purposes
of paragraph (1) of subdivision (b), or the 180-day or 270-day
period for purposes of subdivision (h), begins when the facility has
accumulated 100 kilograms of hazardous waste or one kilogram of
extremely hazardous waste or acutely hazardous waste.  However, if
the facility generates more than 100 kilograms of hazardous waste or
one kilogram of extremely hazardous waste or acutely hazardous waste
during any calendar month, the time period begins when any amount of
hazardous waste first begins to accumulate in that month.
   (d) Notwithstanding paragraph (1) of subdivision (b), a generator
of hazardous waste that accumulates waste onsite is not a storage
facility if all of the following requirements are met:
   (1) The generator accumulates a maximum of 55 gallons of hazardous
waste, one quart of acutely hazardous waste, or one quart of
extremely hazardous waste at an initial accumulation point that is at
or near the area where the waste is generated and that is under the
control of the operator of the process generating the waste.
   (2) The generator accumulates the waste in containers other than
tanks.
   (3) The generator does not hold the hazardous waste onsite without
a hazardous waste facilities permit or other grant of authorization
for a period of time longer than the shorter of the following time
periods:
   (A) One year from the initial date of accumulation.
   (B) Ninety days, or if subdivision (h) is applicable, 180 or 270
days, from the date that the quantity limitation specified in
paragraph (1) is reached.
   (4) The generator labels any container used for the accumulation
of hazardous waste with the initial date of accumulation and with the
words "hazardous waste" or other words that identify the contents of
the container.
   (5) Within three days of reaching any applicable quantity
limitation specified in paragraph (1), the generator labels the
container holding the accumulated hazardous waste with the date the
quantity limitation was reached and either transports the waste
offsite or holds the waste onsite and complies with either the
regulations adopted by the department establishing requirements for
generators subject to the time limit specified in paragraph (1) of
subdivision (b) or the requirements specified in paragraph (1) of
subdivision (h), whichever requirements are applicable.
   (6) The generator complies with regulations adopted by the
department pertaining to the use and management of containers and any
other regulations adopted by the department to implement this
subdivision.
   (e) (1) Notwithstanding paragraphs (1) and (4) of subdivision (b),
hazardous waste held for remediation waste staging shall not be
considered to be held at a hazardous waste storage facility if the
total accumulation period is one year or less from the date of the
initial placing of hazardous waste by the generator at the staging
site for onsite remediation, except that the department may grant one
six-month extension, upon a showing of reasonable cause by the
generator.
   (2) (A) The generator shall submit a notification of plans to
store and treat hazardous waste onsite pursuant to paragraph (2) of
subdivision (a), in person or by certified mail, with return receipt
requested, to the department and to one of the following:
   (i) The CUPA, if the generator is under the jurisdiction of a
CUPA.
   (ii) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
   (B) If, after the notification pursuant to subparagraph (A), or
during the initial year or the six-month extension granted by the
department, the generator determines that treatment cannot be
accomplished for all, or part of, the hazardous waste accumulated in
a remediation waste staging area, the generator shall immediately
notify the department and the appropriate local agency, pursuant to
subparagraph (A), that the treatment has been discontinued.  The
generator shall then handle and dispose of the hazardous waste in
accordance with paragraph (4)
     of subdivision (b).
   (C) A generator shall not hold hazardous waste for remediation
waste staging unless the generator can show, through laboratory
testing, bench scale testing, or other documentation, that soil held
for remediation waste staging is potentially treatable.  Any fines
and penalties imposed for a violation of this subparagraph may be
imposed beginning with the 91st day that the hazardous waste was
initially accumulated.
   (3) Once an onsite treatment operation is completed on hazardous
waste held pursuant to paragraph (1), the generator shall inspect the
staging area for contamination and remediate as necessary.
   (f) Notwithstanding any other provision of this chapter,
remediation waste staging and the holding of non-RCRA contaminated
soil for offsite transportation in accordance with paragraph (4) of
subdivision (b) shall not be considered to be disposal or land
disposal of hazardous waste.
   (g) A generator who holds hazardous waste for remediation waste
staging pursuant to paragraph (2) of subdivision (a) or who holds
hazardous waste onsite for offsite transportation pursuant to
paragraph (4) of subdivision (b) shall maintain records onsite that
demonstrate compliance with this section related to storing hazardous
waste for remediation waste staging or related to holding hazardous
waste onsite for offsite transportation, as applicable.  The records
maintained pursuant to this subdivision shall be available for review
by any public agency authorized pursuant to Section 25180 or 25185.

   (h) (1) Notwithstanding paragraph (1) of subdivision (b), a
generator of less than 1,000 kilograms of hazardous waste in any
calendar month who accumulates hazardous waste onsite for 180 days or
less, or 270 days or less if the generator transports the generator'
s own waste, or offers the generator's waste for transportation, over
a distance of 200 miles or more, for offsite treatment, storage, or
disposal, is not a storage facility if all of the following apply:
   (A) The quantity of hazardous waste accumulated onsite never
exceeds 6,000 kilograms.
   (B) The generator complies with the requirements of subdivisions
(d), (e), and (f) of Section 262.34 of Title 40 of the Code of
Federal Regulations.
   (C) The generator does not hold acutely hazardous waste or
extremely hazardous waste in an amount greater than one kilogram for
a time period longer than that specified in paragraph (1) of
subdivision (b).
   (2) A generator meeting the requirements of paragraph (1) who does
not receive a copy of the manifest with the handwritten signature of
the owner or operator of the facility to which the generator's waste
is submitted, within 60 days from the date that the hazardous waste
was accepted by the initial transporter, shall submit to the
department a legible copy of the manifest, with some indication that
the generator has not received confirmation of delivery.
  SEC. 6.  Section 25123.5 of the Health and Safety Code is amended
to read:
   25123.5.  (a) Except as provided in  subdivisions (b) and (c),
"treatment" means any method, technique, or process which is not
otherwise excluded from the definition of treatment by this chapter
and which is designed to change the physical, chemical, or biological
character or composition of any hazardous waste or any material
contained therein, or which removes or reduces its harmful properties
or characteristics for any purpose.
   (b) (1) "Treatment" does not include any of the activities listed
in paragraph (2), if one of the following requirements is met:
   (A) The activity is conducted onsite in accordance with the
requirements of this chapter and the department's regulations adopted
pursuant to this chapter governing the generation and accumulation
of hazardous waste.
   (B) The activity is conducted in accordance with the conditions
specified in a permit issued by the department for the storage of
hazardous waste.
   (2) The activities subject to the exemption specified in paragraph
(1) include all of the following:
   (A) Sieving or filtering liquid hazardous waste to remove solid
fractions, without added heat, chemicals, or pressure, as the waste
is added to or removed from a storage or accumulation tank or
container.  For purposes of this subparagraph, sieving or filtering
does not include adsorption, reverse osmosis, or ultrafiltration.
   (B) Phase separation of hazardous waste during storage or
accumulation in tanks or containers, if the separation is unaided by
the addition of heat or chemicals.  If the phase separation occurs at
a commercial offsite permitted storage facility, all phases of the
hazardous waste shall be managed as hazardous waste after separation.

   (C) Combining two or more waste streams that are not incompatible
into a single tank or container if both of the following conditions
apply:
   (i) The waste streams are being combined solely for the purpose of
consolidated accumulation or storage or consolidated offsite
shipment, and they are not being combined to meet a fuel
specification or to otherwise be chemically or physically prepared to
be treated, burned for energy value, or incinerated.
   (ii) The combined waste stream is managed in compliance with the
most stringent of the regulatory requirements applicable to each
individual waste stream.
   (D) Evaporation of water from hazardous wastes in tanks or
containers, such as breathing and evaporation through vents and
floating roofs, without the addition of pressure, chemicals, or heat
other than sunlight or ambient room lighting or heating.
   (3) This subdivision does not apply to any activity for which a
hazardous waste facilities permit for treatment is required under the
federal act.
   (c) "Treatment" does not include the combination of glutaraldehyde
or orthophthalaldehyde, which is used by medical facilities to
disinfect medical devices, with formulations containing glycine as
the sole active chemical, if the process is carried out onsite.
  SEC. 6.4.  Section 25141.5 of the Health and Safety Code is amended
to read:
   25141.5.  (a) When classifying a waste as hazardous pursuant to
the criteria in paragraph (8) of subdivision (a) of Section 66261.24
of Title 22 of the California Code of Regulations, as that section
read on January 1, 1993, the department shall incorporate the
department's decision into a regulation, if the department determines
that the waste's classification as a hazardous waste is likely to
have broad application beyond the producer who initiated the request.

   (b) Unless the department makes a determination after January 1,
1996, by regulation, that additional criteria are necessary to
protect the public health, safety, and environment of the state, the
department shall use the following criteria and procedures for the
identification and regulation of the following types of hazardous
waste:
   (1) In identifying wastes that are hazardous due to the
characteristic of reactivity, the department shall rely on objective
analytical  tests, procedures, and numerical thresholds set forth in
the regulations or guidance documents adopted by the United States
Environmental Protection Agency.
   (2) (A) On and after January 1, 1997, in identifying wastes that
are hazardous due to the characteristic of acute oral toxicity, as
defined in the regulations adopted by the department pursuant to this
chapter, the department shall use an oral LD50 threshold of less
than 2,500 milligrams per kilogram, unless the department adopts
revised regulations setting forth a different threshold for acute
oral toxicity, based on a review and update of the scientific basis
for this criterion.
   (B) Notwithstanding any other provision of this chapter or the
regulations adopted by the department prior to January 1, 1996, to
the extent consistent with the federal act, the substances listed in
this subparagraph shall not be classified as hazardous waste due
solely to the characteristic of acute oral toxicity.  The language in
parentheses following the scientific name of each of the substances
listed in this paragraph describes one or more common uses of each
substance, and is provided for informational purposes only.
   (i) Acetic acid (vinegar).
   (ii) Aluminum chloride (used in deodorants).
   (iii) Ammonium bromide (used in textile finishing and as an
anticorrosive agent).
   (iv) Ammonium sulfate (used as a food additive and in fertilizer).

   (v) Anisole (used in perfumes and food flavoring).
   (vi) Boric acid (used in eyewashes and heat resistant glass).
   (vii) Calcium fluoride (used to fluoridate drinking water).
   (viii) Calcium formate (used in brewing and as a briquette
binder).
   (ix) Calcium propionate (used as a food additive).
   (x) Cesium chloride (used in brewing and in mineral waters).
   (xi) Magnesium chloride (used as a flocculating agent).
   (xii) Potassium chloride (used as a salt substitute and a food
additive).
   (xiii) Sodium bicarbonate (baking soda, used in antacids and
mouthwashes).
   (xiv) Sodium borate decahydrate (borax, used in laundry
detergents).
   (xv) Sodium carbonate (soda ash, used in textile processing).
   (xvi) Sodium chloride (table salt).
   (xvii) Sodium iodide (used as an iodine supplement and in cloud
seeding).
   (xviii) Sodium tetraborate (borax, used in laundry detergents).
   (xix) The following oils commonly used as food flavorings:
allspice oil, ceylon cinnamon oil, clarified slurry oil, dill oils,
or lauryl leaf oil.
   (3) (A) Except as provided in subparagraph (B), a waste that would
be classified as hazardous solely because it exceeds total threshold
limit concentrations, as defined in regulations adopted by the
department, shall be excluded from classification as a hazardous
waste for purposes of disposal in, and is allowed to be disposed in,
a disposal unit regulated as a permitted class I, II, or III disposal
unit, pursuant to Section 2531 of Title 23, and Sections 20250 and
20260 of Title 27 of the California Code of Regulations,  if, prior
to disposal, the waste is managed in accordance with the management
standards adopted by the department, by regulation, if any, for this
specific type of waste.
   (B) Subparagraph (A) shall not apply to a hazardous waste that is
a liquid, a sludge or sludge-like material, soil, a solid that is
friable, powdered, or finely divided, a nonfilterable and nonmillable
tarry material, or a waste that contains an organic substance that
exceeds the total threshold limit concentration established by the
department for that substance.
   (C) For purposes of this subparagraph (B), the following
definitions shall apply:
   (i) A waste is liquid if it meets the test specified in
subdivision (i) of Section 66268.32 of Title 22 of the California
Code of Regulations.
   (ii) "Sludge or sludge-like material" means any solid, semisolid,
or liquid waste generated from a municipal, commercial, or industrial
wastewater treatment plant, water supply treatment plant, or air
pollution control facility, but does not include the treated effluent
from wastewater treatment plants.
   (iii) "Friable, powdered, or finely divided" has the same meaning
as used in the regulations adopted by the department pursuant to this
chapter.
   (iv) "Nonfilterable and nonmillable tarry material" has the same
meaning as used in the regulations adopted by the department pursuant
to this chapter.
   (D) This paragraph does not affect the authority of a city or
county regarding solid waste management under existing provisions of
law.
   (c) Any regulations adopted pursuant to subdivision (b) shall be
considered by the Office of Administrative Law as necessary for the
immediate preservation of the public peace, health and safety, and
general welfare, and may be adopted as emergency regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
  SEC. 6.5.  Section 25143.2 of the Health and Safety Code is amended
to read:
   25143.2.  (a) Recyclable materials are subject to this chapter and
the regulations adopted by the department to implement this chapter
that apply to hazardous wastes, unless the department issues a
variance pursuant to Section 25143, or except as provided otherwise
in subdivision (b), (c), or (d) or in the regulations adopted by the
department pursuant to Sections 25150 and 25151.
   (b) Except as otherwise provided in subdivisions (e), (f), and
(g), recyclable material that is managed in accordance with Section
25143.9 and is or will be recycled by any of the following methods
shall be excluded from classification as a waste:
   (1) Used or reused as an ingredient in an industrial process to
make a product if the material is not being reclaimed.
   (2) Used or reused as a safe and effective substitute for
commercial products if the material is not being reclaimed.
   (3) Returned to the original process from which the material was
generated, without first being reclaimed, if the material is returned
as a substitute for raw material feedstock, and the process uses raw
materials as principal feedstocks.
   (c) Except as otherwise provided in subdivision (e), any
recyclable material may be recycled at a facility that is not
authorized by the department pursuant to the applicable hazardous
waste facilities permit requirements of Article 9 (commencing with
Section 25200) if either of the following requirements is met:
   (1) The material is a petroleum refinery waste containing oil that
is converted into petroleum coke at the same facility at which the
waste was generated unless the resulting coke product would be
identified as a hazardous waste under this chapter.
   (2) The material meets all of the following conditions:
   (A) The material is recycled and used at the same facility at
which the material was generated.
   (B) The material is recycled within the applicable generator
accumulation time limits specified in Section 25123.3 and the
regulations adopted by the department pursuant to paragraph (1) of
subdivision (b) of Section 25123.3.
   (C) The material is managed in accordance with all applicable
requirements for generators of hazardous wastes under this chapter
and regulations adopted by the department.
   (d) Except as otherwise provided in subdivisions (e), (f), (g),
and (h), recyclable material that meets the definition of a non-RCRA
hazardous waste in Section 25117.9, is managed in accordance with
Section 25143.9, and meets or will meet any of the following
requirements is excluded from classification as a waste:
   (1) The material can be shown to be recycled and used at the site
where the material was generated.
   (2) The material qualifies as one or more of the following:
   (A) The material is a product that has been processed from a
hazardous waste, or has been handled, at a facility authorized by the
department pursuant to the facility permit requirements of Article 9
(commencing with Section 25200) to process or handle the material,
if the product meets both of the following conditions:
   (i) The product does not contain constituents, other than those
for which the material is being recycled, that render the material
hazardous under regulations adopted pursuant to Sections 25140 and
25141.
   (ii) The product is used, or distributed or sold for use, in a
manner for which the product is commonly used.
   (B) The material is a petroleum refinery waste containing oil that
is converted into petroleum coke at the same facility at which the
waste was generated, unless the resulting coke product would be
identified as a hazardous waste under this chapter.
   (C) The material is oily waste, used oil, or spent nonhalogenated
solvent that is managed by the owner or operator of a refinery that
is processing primarily crude oil and is not subject to permit
requirements for the recycling of used oil, of a public utility, or
of a corporate subsidiary, corporate parent, or subsidiary of the
same corporate parent of the refinery or public utility, and meets
all of the following requirements:
   (i) The material is either burned in an industrial boiler, an
industrial furnace, an incinerator, or a utility boiler that is in
compliance with all applicable federal and state laws, or is
recombined with normal process streams to produce a fuel or other
refined petroleum product.
   (ii) The material is managed at the site where it was generated;
managed at another site owned or operated by the generator, a
corporate subsidiary of the generator, a subsidiary of the same
entity of which the generator is a subsidiary, or the corporate
parent of the generator; or, if the material is generated in the
course of oil or gas exploration or production, managed by an
unrelated refinery receiving the waste through a common pipeline.
   (iii) The material does not contain constituents, other than those
for which the material is being recycled, that render the material
hazardous under regulations adopted pursuant to Sections 25140 and
25141, unless the material is an oil-bearing material or recovered
oil that is managed in accordance with subdivisions (a) and (c) of
Section 25144 or unless the material is used oil removed from
equipment, vehicles, or engines used primarily at the refinery where
it is to be used to produce fuels or other refined petroleum products
and the used oil is managed in accordance with Section 279.22 of
Title 40 of the Code of Federal Regulations prior to insertion into
the refining process.
   (D) The material is a fuel that is transferred to, and processed
into, a fuel or other refined petroleum product at a petroleum
refinery, as defined in paragraph (4) of subdivision (a) of Section
25144, and meets one of the following requirements:
   (i) The fuel has been removed from a fuel tank and is contaminated
with water or nonhazardous debris, of not more than 2 percent by
weight, including, but not limited to, rust or sand.
   (ii) The fuel has been unintentionally mixed with an unused
petroleum product.
   (3) The material is transported between locations operated by the
same person who generated the material, if the material is recycled
at the last location operated by that person and all of the
conditions of clauses (i) to (vi), inclusive, of subparagraph (A) of
paragraph (4) are met.  If requested by the department or by any
official authorized to enforce this section pursuant to subdivision
(a) of Section 25180, a person handling material subject to this
paragraph, within 15 days from the date of receipt of the request,
shall supply documentation to show that the requirements of this
paragraph have been satisfied.
   (4) (A) The material is transferred between locations operated by
the same person who generated the material, if the material is to be
recycled at an authorized offsite hazardous waste facility and if all
of the following conditions are met:
   (i) The material is transferred by employees of that person in
vehicles under the control of that person or by a registered
hazardous waste hauler under contract to that person.
   (ii) The material is not handled at any interim location.
   (iii) The material is not held at any publicly accessible interim
location for more than four hours unless required by other provisions
of law.
   (iv) The material is managed in compliance with this chapter and
the regulations adopted pursuant to this chapter prior to the initial
transportation of the material and after the receipt of the material
at the last location operated by that person.  Upon receipt of the
material at the last location operated by that person, the material
shall be deemed to have been generated at that location.
   (v) All of the following information is maintained in an operating
log at the last location operated by that person and kept for at
least three years after receipt of the material at that location:
   (I) The name and address of each generator location contributing
material to each shipment received.
   (II) The quantity and type of material contributed by each
generator to each shipment of material.
   (III) The destination and intended disposition of all material
shipped offsite or received.
   (IV) The date of each shipment received or sent offsite.
   (vi) If requested by the department, or by any law enforcement
official, a person handling material subject to this paragraph,
within 15 days from the date of receipt of the request, shall supply
documentation to show that the requirements of this paragraph have
been satisfied.
   (B) For purposes of paragraph (3) and subparagraph (A) of this
paragraph, "person" also includes corporate subsidiary, corporate
parent, or subsidiary of the same corporate parent.
   (C) Persons that are a corporate subsidiary, corporate parent, or
subsidiary of the same corporate parent, and that manage recyclable
materials under paragraph (3) or subparagraph (A) of this paragraph,
are jointly and severally liable for any activities excluded from
regulation pursuant to this section.
   (5) The material is used or reused as an ingredient in an
industrial process to make a product if the material is not being
treated before introduction to that process except by one or more of
the following procedures, and if any discharges to air from the
following procedures do not contain constituents that are hazardous
wastes pursuant to the regulations of the department and are in
compliance with applicable air pollution control laws:
   (A) Filtering.
   (B) Screening.
   (C) Sorting.
   (D) Sieving.
   (E) Grinding.
   (F) Physical or gravity separation without the addition of
external heat or any chemicals.
   (G) pH adjustment.
   (H) Viscosity adjustment.
   (6) The material is used or reused as a safe and effective
substitute for commercial products, if the material is not being
treated except by one or more of the following procedures, and if any
discharges to air from the following procedures do not contain
constituents that are hazardous wastes pursuant to the regulations of
the department and are in compliance with applicable air pollution
control laws:
   (A) Filtering.
   (B) Screening.
   (C) Sorting.
   (D) Sieving.
   (E) Grinding.
   (F) Physical or gravity separation without the addition of
external heat or any chemicals.
   (G) pH adjustment.
   (H) Viscosity adjustment.
   (7) The material is a chlorofluorocarbon or
hydrochlorofluorocarbon compound or a combination of
chlorofluorocarbon or hydrochlorofluorocarbon compounds, is being
reused or recycled, and is used in heat transfer equipment,
including, but not limited to, mobile air-conditioning systems,
mobile refrigeration, and commercial and industrial air-conditioning
and refrigeration systems, used in fire extinguishing products, or
contained within foam products.
   (e) Notwithstanding subdivisions (b), (c), and (d), all of the
following recyclable materials are hazardous wastes and subject to
full regulation under this chapter, even if the recycling involves
use, reuse, or return to the original process as described in
subdivision (b), and even if the recycling involves activities or
materials described in subdivisions (c) and (d):
   (1) Materials that are a RCRA hazardous waste, as defined in
Section 25120.2, used in a manner constituting disposal, or used to
produce products that are applied to the land, including, but not
limited to, materials used to produce a fertilizer, soil amendment,
agricultural mineral, or an auxiliary soil and plant substance.
   (2) Materials that are a non-RCRA hazardous waste, as defined in
Section 25117.9, and used in a manner constituting disposal or used
to produce products that are applied to the land as a fertilizer,
soil amendment, agricultural mineral, or an auxiliary soil and plant
substance.  The department may adopt regulations to exclude materials
from regulation pursuant to this paragraph.
   (3) Materials burned for energy recovery, used to produce a fuel,
or contained in fuels, except materials exempted under paragraph (1)
of subdivision (c) or excluded under subparagraph (B), (C), or (D) of
paragraph (2) of subdivision (d).
   (4) Materials accumulated speculatively.
   (5) Materials determined to be inherently wastelike pursuant to
regulations adopted by the department.
   (6) Used or spent etchants, stripping solutions, and plating
solutions that are transported to an offsite facility operated by a
person other than the generator and either of the following applies:

   (A) The etchants or solutions are no longer fit for their
originally purchased or manufactured purpose.
   (B) If the etchants or solutions are reused, the generator and the
user cannot document that they are used for their originally
purchased or manufactured purpose without prior treatment.
   (7) Used oil, as defined in subdivision (a) of Section 25250.1,
unless one of the following applies:
   (A) The used oil is excluded under subparagraph (B) or (C) of
paragraph (2) of subdivision (d), paragraph (4) of subdivision (d),
subdivision (b) of Section 25250.1 or Section 25250.3, and is managed
in accordance with the applicable requirements of Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations.
   (B) The used oil is used or reused on the site where it was
generated or is excluded under paragraph (3) of subdivision (d), is
managed in accordance with the applicable requirements of Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations, and is not any of the following:
   (i) Used in a manner constituting disposal or used to produce a
product that is applied to land.
   (ii) Burned for energy recovery or used to produce a fuel unless
the used oil is excluded under subparagraph (B) or (C) of paragraph
(2) of subdivision (d).
   (iii) Accumulated speculatively.
   (iv) Determined to be inherently wastelike pursuant to regulations
adopted by the department.
   (f) (1) Any person who manages a recyclable material under a claim
that the material qualifies for exclusion or exemption pursuant to
this section shall provide, upon request, to the department, the
California Environmental Protection Agency, or any local agency or
official authorized to bring an action as provided in Section 25180,
all of the following information:
   (A) The name, street and mailing address, and telephone number of
the owner or operator of any facility that manages the material.
   (B) Any other information related to the management by that person
of the material requested by the department, the California
Environmental Protection Agency, or the authorized local agency or
official.
                                      (2) Any person claiming an
exclusion or an exemption pursuant to this section shall maintain
adequate records to demonstrate to the satisfaction of the requesting
agency or official that there is a known market or disposition for
the material, and that the requirements of any exemption or exclusion
pursuant to this section are met.
   (3) For purposes of determining that the conditions for exclusion
from classification as a waste pursuant to this section are met, any
person, facility, site, or vehicle engaged in the management of a
material under a claim that the material is excluded from
classification as a waste pursuant to this section is subject to
Section 25185.
   (g) For purposes of Chapter 6.8 (commencing with Section 25300),
recyclable materials excluded from classification as a waste pursuant
to this section are not excluded from the definition of hazardous
substances in subdivision (g) of Section 25316.
   (h) Used oil that fails to qualify for exclusion pursuant to
subdivision (d) solely because the used oil is a RCRA hazardous waste
may be managed pursuant to subdivision (d) if the used oil is also
managed in accordance with the applicable requirements of Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations.
  SEC. 6.6.  Section 25143.13 of the Health and Safety Code is
amended to read:
   25143.13.  (a) Notwithstanding any other provision of law, except
as provided in subdivision (c), wastes containing silver or silver
compounds that are RCRA hazardous wastes solely due to the presence
of silver in the waste are subject to regulation under this chapter
solely to the extent that these wastes are subject to regulation
under the federal act.  This subdivision does not apply to wastes
that are classified as non-RCRA hazardous wastes due to the presence
of constituents or characteristics other than silver.
   (b) Notwithstanding any other provision of law, wastes containing
silver or silver compounds are exempt from regulation under this
chapter if the wastes are not subject to regulation under the federal
act as RCRA hazardous waste, and the wastes would otherwise be
subject to regulation under this chapter solely due to the presence
of silver in the waste.
   (c) With respect to treatment of a hazardous waste, subdivision
(a) applies only to the removal of silver from photoimaging solutions
and photoimaging solution wastewaters.  Any other treatment of
wastes containing silver or silver compounds that are RCRA hazardous
wastes is subject to all of the applicable requirements of this
chapter.
   (d) The department shall amend its regulations, as necessary, to
conform to this section.  Until the department amends these
regulations, the applicable regulations adopted by the Environmental
Protection Agency pursuant to the federal act pertaining to the
regulation of wastes containing silver or silver compounds, which are
regulated as RCRA hazardous wastes solely due to the presence of
silver in the waste, shall be deemed to be the regulations of the
department, except as otherwise provided in subdivision (c).
   (e) This section shall not be construed to limit or abridge the
powers or duties granted to any state or local agency pursuant to any
law, other than this chapter, to regulate wastes containing silver
or silver compounds.
  SEC. 7.  Section 25149 of the Health and Safety Code is amended to
read:
   25149.  (a) Notwithstanding any other provision of law, except as
provided in Section 25149.5 or 25181 of this code or Section 731 of
the Code of Civil Procedure, no city or county, whether chartered or
general law, or district may enact, issue, enforce, suspend, revoke,
or modify any ordinance, regulation, law, license, or permit relating
to an existing hazardous waste facility so as to prohibit or
unreasonably regulate the disposal, treatment, or recovery of
resources from hazardous waste or a mix of hazardous and solid wastes
at that facility, unless, after public notice and hearing, the
director determines that the operation of the facility may present an
imminent and substantial endangerment to health and the environment.
  However, nothing in this section authorizes an operator of that
facility to violate any term or condition of a local land use permit
or any other provision of law not in conflict with this section.
   (b) The director shall, pursuant to subdivision (c), conduct the
hearing specified in subdivision (a) to determine whether the
operation of an existing hazardous waste facility may present an
imminent and substantial endangerment to health and the environment
whenever any of the following occurs:
   (1) A state or federal public agency requires any person to
evacuate a residence or requires the evacuation of a school, place of
employment, commercial establishment, or other facility to which the
public has access, because of the release of a hazardous substance
from the facility.
   (2) For more than five days in any month, the air emissions from
the facility result in the violation of an emission standard for a
hazardous air pollutant established pursuant to Section 7412 of Title
42 of the United States Code or the threshold exposure level for a
toxic air contaminant, as defined in Section 39655.
   (3) A state or federal public agency requires that the use of a
source of drinking water be discontinued because of the contamination
of the source by a release of hazardous waste, hazardous substances,
or leachate from the facility.
   (4) A state agency, or the board of supervisors of the county in
which the facility is located, upon recommendation of its local
health officer, makes a finding that the public health has been
affected by a release of hazardous wastes from the facility.  The
finding shall be based on statistically significant data developed in
a health effects study conducted according to a study design, and
using a methodology, that are developed after considering the
suggestions on study design and methodology made by interested
parties and that are approved by the Epidemiological Studies Section
in the Epidemiology and Toxicology Branch of the State Department of
Health Services before beginning the study.
   (5) The owner or operator of the facility is in violation of an
order issued pursuant to Section 25187 that requires one or both of
the following:
   (A) The correction of a violation or condition that has resulted,
or threatens to result, in an unauthorized release of hazardous waste
or a constituent of hazardous waste from the facility into either
the onsite or offsite environment.
   (B) The cleanup of a release of hazardous waste or a constituent
of hazardous waste, the abatement of the effects of the release, and
any other necessary remedial action.
   (6) The facility is in violation of an order issued pursuant to
Article 1 (commencing with Section 13300) of, or Article 2
(commencing with Section 13320) of, Chapter 5 of Division 7 of the
Water Code or in violation of a temporary restraining order,
preliminary injunction, or permanent injunction issued pursuant to
Article 4 (commencing with Section 13340) of Chapter 5 of Division 7
of the Water Code.
   (c) Whenever the director determines that a hearing is required,
as specified in subdivision (b), the director shall immediately
request the Office of Administrative Hearings to assign an
administrative law judge to conduct the hearing, pursuant to this
subdivision.
   (1) After an administrative law judge is assigned by the Office of
Administrative Hearings, the director shall transmit to the
administrative law judge and to the operator of the existing
hazardous waste facility, all relevant documents, information, and
data that were the basis for the director's determination.  The
director shall also prepare a notice specifying the time and place of
the hearing.  The notice shall also include a clear statement of the
reasons for conducting the hearing, a description of the facts,
data, circumstances, or occurrences that are the cause for conducting
the hearing, and the issues to be addressed at the hearing.  The
hearing shall be held as close to the location of the existing
hazardous waste facility as is practicable and shall commence no
later than 30 days following the director's request to the Office of
Administrative Hearings to assign an administrative law judge to the
case.
   (2) The hearing specified in paragraph (1) shall be conducted in
accordance with Article 8 (commencing with Section 11435.05) of
Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and Sections 11511
to 11515, inclusive, of, the Government Code.  The administrative
law judge's proposed decision shall be transmitted to the director
within 30 days after the case is submitted.
   (3) The director may adopt the proposed decision of the
administrative law judge in its entirety or may decide the case upon
the record, as provided in Section 11517 of the Government Code.  The
director's decision shall be in writing and shall contain findings
of fact and a determination of the issues presented.  The decision is
subject to judicial review in accordance with Section 11523 of the
Government Code.
  SEC. 8.  Section 25150 of the Health and Safety Code is amended to
read:
   25150.  (a) The department shall adopt, and revise when
appropriate, standards and regulations for the management of
hazardous wastes to protect against hazards to the public health, to
domestic livestock, to wildlife, or to the environment.
   (b) The department and the local officers and agencies authorized
to enforce this chapter pursuant to subdivision (a) of Section 25180
shall apply the standards and regulations adopted pursuant to
subdivision (a) to the management of hazardous waste.
   (c) Except as provided in subdivision (d), the department may
limit the application of the standards and regulations adopted or
revised pursuant to subdivision (a) at facilities operating pursuant
to a hazardous waste facilities permit or other grant of
authorization issued by the department in any manner that the
department determines to be appropriate, including, but not limited
to, requiring these facilities to apply for, and receive, a permit
modification prior to the application of the standards and
regulations.
   (d) The department shall not adopt or revise standards and
regulations which result in the imposition of any requirement for the
management of a RCRA waste that is less stringent than a
corresponding requirement adopted by the Environmental Protection
Agency pursuant to the federal act.
   (e) The department shall adopt, and revise when appropriate,
regulations for the recycling of hazardous waste to protect against
hazards to the public health, domestic livestock, wildlife, or to the
environment, and to encourage the best use of natural resources.
   (f) Before the adoption of regulations, the department shall
notify all agencies of interested local governments, including, but
not limited to, certified unified program agencies, local governing
bodies, local planning agencies, local health authorities, local
building inspection departments, the Department of Pesticide
Regulation, the Department of the California Highway Patrol, the
Department of Fish and Game, the Department of Industrial Relations,
the Division of Industrial Safety, the State Air Resources Board, the
State Water Resources Control Board, the State Fire Marshal,
regional water quality control boards, the State Building Standards
Commission, the Office of Environmental Health Hazard Assessment, and
the California Integrated Waste Management Board.
  SEC. 9.  Section 25160 of the Health and Safety Code is amended to
read:
   25160.  (a) For purposes of this chapter, "manifest" means a
shipping document originated and signed by a generator of hazardous
waste that contains all of the information required by the department
and that complies with all applicable federal and state regulations.

   (b) (1) Any person generating hazardous waste that is transported,
or submitted for transportation, for offsite handling, treatment,
storage, disposal, or any combination thereof, shall complete a
manifest prior to the time the waste is transported or offered for
transportation, and shall designate on that manifest the facility to
which the waste is to be shipped for the handling, treatment,
storage, disposal, or combination thereof.  The manifest shall be
completed, as required by the department.  The generator shall
provide the manifest to the person who will transport the hazardous
waste, who is the driver, if the hazardous waste will be transported
by vehicle, or the person designated by the railroad corporation or
vessel operator, if the hazardous waste will be transported by rail
or vessel.  The generator shall use the standard California Uniform
Hazardous Waste Manifest supplied by the department for all shipments
of hazardous waste for which a manifest is required, except as
provided in paragraph (2).  A manifest shall only be used for the
purposes specified in this chapter, including, but not limited to,
identifying materials that the person completing the manifest
reasonably believes are hazardous waste.  Within 30 days from the
date of transport, or submission for transport, of hazardous waste,
each generator of that hazardous waste shall submit to the department
a legible copy of each manifest used.  The copy submitted to the
department shall contain the signatures of the generator and the
transporter.  In lieu of submitting a copy of each manifest used, a
generator may submit an electronic report to the department meeting
the requirements of Section 25160.3.
   (2) Any person generating hazardous waste that is transported, or
submitted for transportation, for offsite handling, treatment,
storage, disposal, or any combination thereof, outside of the state,
shall complete, whether or not the waste is determined to be
hazardous by the importing country or state, a standard California
Uniform Hazardous Waste Manifest, or the generator shall complete, in
its own form of manifest, the manifest required by the receiving
state and shall submit a copy of that manifest to the department
within 30 days from the date of the transport, or submission for
transport, of the hazardous waste.  In lieu of submitting a copy of
each manifest used, a generator may submit an electronic report to
the department meeting the requirements of Section 25160.3.
   (3) Within 30 days from the date of transport, or submission for
transport, of hazardous waste out of state, each generator of that
hazardous waste shall submit to the department a legible copy of each
manifest used.  The copy submitted to the department shall contain
the signatures of the generator, all transporters, excepting
intermediate rail transporters, and the out-of-state facility
operator.  If within 35 days from the date of the initial shipment,
or for exports by water to foreign countries, 60 days after the
initial shipment, the generator has not received a copy of the
manifest signed by all transporters and the facility operator, the
generator shall contact the owner or operator of the designated
facility to determine the status of the hazardous waste and to
request that the owner or operator immediately provide a signed copy
of the manifest to the generator.  Except as provided otherwise in
paragraph (2) of subdivision (h) of Section 25123.3, if within 45
days from the date of the initial shipment or, for exports by water
to foreign countries, 90 days from the date of the initial shipment,
the generator has not received a copy of the signed manifest from the
facility owner or operator, the generator shall submit an exception
report to the department.
   (4) For shipments of waste that do not require a manifest pursuant
to Title 40 of the Code of Federal Regulations, the department, by
regulation, may establish manifest requirements that differ from the
requirements of this subdivision.  The requirements for an
alternative form of manifest shall ensure that the hazardous waste is
transported by a registered hazardous waste transporter, that the
hazardous waste is tracked, and that human health and safety and the
environment are protected.
   (5) (A) Notwithstanding any other provision of this subdivision,
except as provided in subparagraph (B), the generator copy of the
manifest is not required to be submitted to the department for any
waste transported in compliance with the modified manifest procedures
that are not in conflict with this paragraph and that are set forth
in Section 66263.42 of Title 22 of the California Code of
Regulations, or as that regulation may be further amended, or in
Section 25250.8, if the generator, transporter, and facility are all
identified by the same United States Environmental Protection Agency
identification number on the hazardous waste manifest.  Nothing in
this paragraph affects the obligation of a facility operator to
submit to the department a copy of a manifest pursuant to this
section.
   (B) If the waste subject to subparagraph (A) is transported out of
state, the generator shall either ensure that the facility operator
submits to the department a copy of the manifest or the generator
shall submit a copy to the department that contains the signatures of
the generator, all transporters, excepting intermediate rail
transporters, and the out-of-state facility operator pursuant to
paragraph (3).
   (c) (1) The department shall determine the form and manner in
which a manifest shall be completed and the information that the
manifest shall contain.  The information requested on the manifest
shall serve as the data dictionary for purposes of the developing of
an electronic reporting format pursuant to Section 71062 of the
Public Resources Code.  The form of each manifest and the information
requested on each manifest shall be the same for all hazardous
wastes, regardless of whether the hazardous wastes are also regulated
pursuant to the federal act or by regulations adopted by the United
States Department of Transportation.  However, the form of the
manifest and the information required shall be consistent with
federal regulations.
   (2) Pursuant to federal regulations, the department may require
information on the manifest in addition to the information required
by federal regulations.
   (d) (1) Any person who transports hazardous waste in a vehicle
shall have a manifest in his or her possession while transporting the
hazardous waste.  The manifest shall be shown upon demand to any
representative of the department, any officer of the California
Highway Patrol, any local health officer, or any local public officer
designated by the director.  If the hazardous waste is transported
by rail or vessel, the railroad corporation or vessel operator shall
comply with Subchapter C (commencing with Section 171.1) of Chapter 1
of Subtitle B of Title 49 of the Code of Federal Regulations and
shall also enter on the shipping papers any information concerning
the hazardous waste that the department may require.
   (2) Any person who transports any waste, as defined by Section
25124, and who is provided with a manifest for that waste shall,
while transporting that waste, comply with all requirements of this
chapter, and the regulations adopted pursuant thereto, concerning the
transportation of hazardous waste.
   (3) Any person who transports hazardous waste shall transfer a
copy of the manifest to the facility operator at the time of
delivery, or to the person who will subsequently transport the
hazardous waste in a vehicle.  Any person who transports hazardous
waste and then transfers custody of that hazardous waste to a person
who will subsequently transport that waste by rail or vessel shall
transfer a copy of the manifest to the person designated by the
railroad corporation or vessel operator, as specified by Subchapter C
(commencing with Section 171.1) of Chapter 1 of Subtitle B of Title
49 of the Code of Federal Regulations.
   (4) Any person transporting hazardous waste by motor vehicle,
rail, or water shall certify to the department, at the time of
initial registration and at the time of renewal of that registration
pursuant to this article, that the transporter is familiar with the
requirements of this section, the department regulations, and federal
laws and regulations governing the use of manifests.
   (e) (1) Any facility operator in the state who receives hazardous
waste for handling, treatment, storage, disposal, or any combination
thereof, which was transported with a manifest pursuant to this
section, shall submit a copy of the manifest to the department within
30 days from the date of receipt of the hazardous waste.  The copy
submitted to the department shall contain the signatures of the
generator, all transporters, excepting intermediate rail
transporters, and the facility operator.  In instances in which the
generator or transporter is not required by the generator's state or
federal law to sign the manifest, the facility operator shall require
the generator and all transporters, excepting intermediate rail
transporters, to sign the manifest before receiving the waste at any
facility in this state.  In lieu of submitting a copy of each
manifest used, a facility operator may submit an electronic report to
the department meeting the requirements of Section 25160.3.
   (2) Any treatment, storage, or disposal facility receiving
hazardous waste generated outside this state may only accept the
hazardous waste for treatment, storage, disposal, or any combination
thereof, if the hazardous waste is accompanied by a completed
standard California Uniform Hazardous Waste Manifest.
   (3) A facility operator may accept hazardous waste generated
offsite that is not accompanied by a properly completed and signed
standard California Uniform Hazardous Waste Manifest if the facility
operator meets both of the following conditions:
   (A) The facility operator is authorized to accept the hazardous
waste pursuant to a hazardous waste facilities permit or other grant
of authorization from the department.
   (B) The facility operator is in compliance with the regulations
adopted by the department specifying the conditions and procedures
applicable to the receipt of hazardous waste under these
circumstances.
   (4) This subdivision applies only to shipments of hazardous waste
for which a manifest is required pursuant to this section and the
regulations adopted pursuant to this section.
   (f) A generator, transporter, or facility operator may comply with
the requirements of Sections 66262.40, 66263.22, 66264.71, and
66265.71 of Title 22 of the California Code of Regulations by storing
manifest information electronically.  A generator, transporter, or
facility operator who stores manifest information electronically
shall use the standardized electronic format and protocol for the
exchange of electronic data established by the Secretary for
Environmental Protection pursuant to Part 2 (commencing with Section
71050) of Division 34 of the Public Resources Code and the stored
information shall include all the information required to be retained
by the department, including all signatures required by this
section.
   (g) The department shall make available for review, by any
interested party, information regarding the department's progress in
adopting revised regulations relating to hazardous waste manifests,
including specific requirements for milk run operations set forth in
Section 66263.42 of Title 22 of the California Code of Regulations.
   (h) The department shall make available for review, by any
interested party, the department's plans for revising and enhancing
its system for tracking hazardous waste for the purposes of
protecting human health and the environment, enforcing laws,
collecting revenue, and generating necessary reports.
  SEC. 9.5.  Section 25163 of the Health and Safety Code is amended
to read:
   25163.  (a) (1) Except as otherwise provided in subdivisions (b),
(c), (e), and (f), it is unlawful for any person to carry on, or
engage in, the transportation of hazardous wastes unless the person
holds a valid registration issued by the department, and it is
unlawful for any person to transfer custody of a hazardous waste to a
transporter who does not hold a valid registration issued by the
department.  A person who holds a valid registration issued by the
department pursuant to this section is a registered hazardous waste
transporter for purposes of this chapter.  Any registration issued by
the department to a transporter of hazardous waste is not
transferable from the person to whom it was issued to any other
person.
   (2) Any person who transports hazardous waste in a vehicle shall
have a valid registration issued by the department in his or her
possession while transporting the hazardous waste.  The registration
certificate shall be shown upon demand to any representative of the
department, officer of the Department of the California Highway
Patrol, any local health officer, or any public officer designated by
the department.  Any person registered pursuant to this section may
obtain additional copies of the registration certificate from the
department upon the payment of a fee of two dollars ($2) for each
copy requested, in accordance with Section 12196 of the Government
Code.
   (3) The hazardous waste information required and collected for
registration pursuant to this subdivision shall be recorded and
maintained in the management information system operated by the
Department of the California Highway Patrol.
   (b) Persons transporting only septic tank, cesspool, seepage pit,
or chemical toilet waste that does not contain a hazardous waste
originating from other than the body of a human or animal and who
hold an unrevoked registration issued by the health officer or the
health officer's authorized representative pursuant to Article 1
(commencing with Section 117400) of Chapter 4 of Part 13 of Division
104 are exempt from the requirements of subdivision (a).
   (c) Except as provided in subdivision  (f), persons transporting
hazardous wastes to a permitted hazardous waste facility for
transfer, treatment, recycling, or disposal, which wastes do not
exceed a total volume of five gallons or do not exceed a total weight
of 50 pounds, are exempt from the requirements of subdivision (a)
and from the requirements of Section 25160 concerning possession of
the manifest while transporting hazardous waste, upon meeting all of
the following conditions:
   (1) The hazardous wastes are transported in closed containers and
packed in a manner that prevents the containers from tipping,
spilling, or breaking during the transporting.

(2) Different hazardous waste materials are not mixed within a
container during the transporting.
   (3) If the hazardous waste is extremely hazardous waste or acutely
hazardous waste, the extremely hazardous waste or acutely hazardous
waste was not generated in the course of any business, and is not
more than 2.2 pounds.
   (4) The person transporting the hazardous waste is the producer of
that hazardous waste, and the person produces not more than 100
kilograms of hazardous waste in any month.
   (5) The person transporting the hazardous waste does not
accumulate more than a total of 1,000 kilograms of hazardous waste
onsite at any one time.
   (d) Any person registered as a hazardous waste transporter
pursuant to subdivision (a) is not subject to the registration
requirements of Chapter 6 (commencing with Section 25000), but shall
comply with those terms, conditions, orders, and directions that the
health officer or the health officer's authorized representative may
determine to be necessary for the protection of human health and
comfort, and shall otherwise comply with the requirements for
statements as provided in Section 25007.  Violations of those
requirements of Section 25007 shall be punished as provided in
Section 25010.  Proof of registration pursuant to subdivision (a)
shall be submitted by mail or in person to the local health officer
in the city or county in which the registered hazardous waste
transporter will be conducting the activities described in Section
25001.
   (e) Any person authorized to collect solid waste, as defined in
Section 40191 of the Public Resources Code, who unknowingly
transports hazardous waste to a solid waste facility, as defined in
Section 40194 of the Public Resources Code, incidental to the
collection of solid waste is not subject to subdivision (a).
   (f) Any person transporting household hazardous waste or a
conditionally exempt small quantity generator transporting hazardous
waste to an authorized household hazardous waste collection facility
pursuant to Section 25218.5 is exempt from subdivision (a) and from
paragraph (1) of subdivision (d) of Section 25160 requiring
possession of the manifest while transporting hazardous waste.
  SEC. 9.6.  Section 25179.6 of the Health and Safety Code is amended
to read:
   25179.6.  (a) (1) A land disposal restriction, treatment standard,
or land disposal criteria adopted by the department pursuant to
former Article 7.7 (commencing with Section 25179.1), which article
was repealed by the act adding this section, pursuant to this
section, shall remain in effect on and after January 1, 1996, except
as provided in paragraph (2), only if both of the following
conditions apply to that adopted restriction, treatment standard, or
land disposal criteria:
   (A) The land disposal of hazardous waste was actually prohibited
or otherwise limited by those disposal restrictions, treatment
standards, or land disposal criteria on and before December 31, 1995.

   (B) The implementation date of those disposal restrictions,
treatment standards, or land disposal criteria were not suspended
until January 1, 1996, by any provision of former Article 7.7
(commencing with Section 25179.1).
   (2) Those land disposal restrictions, treatment standards, or land
disposal criteria that remain in effect on and after January 1,
1996, pursuant to paragraph (1), may be repealed or amended by the
department by regulation to maintain consistency with this article or
pursuant to a determination by the department that any such land
disposal restriction, treatment standard, or land disposal criteria
is not necessary to protect public health and safety or the
environment.
   (b) On and after January 1, 1996, any land disposal restriction,
treatment standard, or land disposal criteria that is not required
pursuant to Section 25179.5 and that was adopted by the department
pursuant to the former Article 7.7 (commencing with Section 25179.1)
specified in subdivision (a), but  that did not prohibit land
disposal prior to January 1, 1996, or was otherwise suspended until
January 1, 1996, by any provision of former Article 7.7 shall not
prohibit land disposal on or after January 1, 1996, and shall be
deemed repealed, including any land disposal restriction, treatment
standard, or land disposal criteria for any of the following
categories of hazardous waste:
   (1) Any RCRA hazardous waste for which a treatment standard has
not been adopted or for which the United States Environmental
Protection Agency has granted a delay of the effective date of the
standard pursuant to Section 6924 of the federal act.
   (2) Any non-RCRA hazardous waste subject to treatment standards
based upon incineration, solvent extraction, or biological treatment.

   (3) Any non-RCRA hazardous waste subject to a treatment standard
adopted pursuant to paragraph (3) of subdivision (a) of Section
66268.106 of Title 22 of the California Code of Regulations.
   (c) Except as provided in subdivision (a) with regard to repealing
or limiting the effect of restrictions, standards or criteria that
prohibited land disposal as of December 31, 1995, the department, by
regulation, may adopt new land disposal restrictions, treatment
standards, or land disposal criteria in addition to, or more
stringent than, those restrictions, standards, or criteria required
pursuant to the federal act, or required by the United States
Environmental Protection Agency pursuant to the federal act, or for
those hazardous wastes not subject to restrictions, standards, or
criteria required pursuant to the federal act, or required by the
United States Environmental Protection Agency pursuant to the federal
act, if the department determines, after holding a public hearing,
that both of the following conditions exist:
   (1) A new state land disposal restriction, treatment standard, or
criteria is necessary to protect public health and safety and the
environment, as indicated by evidence on the record.
   (2) Attainment of the additional restriction, standard, or
criteria can be practically achieved in this state and is consistent
with the intent language of this article, as provided in Section
25179.1.
   (d) On or before January 1, 2001, the department shall review and,
as deemed necessary, revise the hazardous waste land disposal
restrictions, treatment standards, and land disposal criteria that
were adopted by the department before January 1, 1996, pursuant to
former Article 7.7 (commencing with Section 25179.1) and that remain
in effect after that date, to maintain consistency with this section.
  Any treatment standards adopted by the department on or after
January 1, 1996, pursuant to this section, shall be reviewed and
revised, as deemed necessary, by the department.
   (e) Nothing in this section exempts the department from compliance
with Section 57005 and with Sections 11346.2, 11346.3, and 11346.5
of the Government Code.
  SEC. 9.7.  Section 25186.1 of the Health and Safety Code is amended
to read:
   25186.1.  (a) Except as specified in Section 25186.2, proceedings
for the suspension or revocation of a permit, registration, or
certificate under this chapter shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the department shall have all the
powers granted by those provisions.  In the event of a conflict
between this chapter and Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, the
provisions of the Government Code shall prevail.
   (b) (1) Proceedings to determine whether to grant, issue, modify,
or deny a permit, registration, or certificate shall be conducted in
accordance with the regulations adopted by the department.
   (2) The petition for judicial review of a final decision of the
department to grant, issue, modify, or deny a permit, registration,
or certificate shall not be filed later than 90 days after the date
that the notice of the final decision is served.
  SEC. 10.  Section 25199.6 of the Health and Safety Code is amended
to read:
   25199.6.  (a) Section 65943 of the Government Code does not apply
to the department's review of applications for a hazardous waste
facilities permit.  The department shall review for completeness each
application for a hazardous waste facilities permit and notify the
applicant in writing whether the application is complete within 30
days from the date of receipt.  If the application is incomplete, the
department shall require the applicant to provide the information
necessary to make the application complete.  An application is not
deemed to be complete until the department notifies the applicant
that the application is complete.  After an application is determined
to be complete, the department may request additional information
only when necessary to clarify, modify, or supplement previously
submitted material.
   (b) Notwithstanding Section 65952 of the Government Code, any
public agency that is a responsible agency for a hazardous waste
facility project that is a land disposal facility shall approve or
disapprove the project within one of the following periods of time,
whichever is longer:
   (1) Within one year from the date on which the lead agency
approved or disapproved the project.
   (2) Within one year from the date on which the completed
application for the project has been received, and accepted as
complete, by that responsible agency.
   (c) Notwithstanding Section 65952 of the Government Code and
Section 25199.2, any public agency that is a responsible agency for a
hazardous waste facility project that is not a land disposal
facility shall approve or disapprove the project within one of the
following periods of time, whichever is longer:
   (1) Within 180 days from the date on which the lead agency
approved or disapproved the project.
   (2) Within 180 days from the date on which the completed
application for the project has been received, and accepted as
complete, by that responsible agency.
   (d) Subdivision (b) of Section 65956 of the Government Code does
not apply to the failure of a lead agency or responsible agency to
approve or disapprove a permit for a hazardous waste facility project
within the time limits established by Sections 65950 and 65952 of
the Government Code and subdivisions (b) and (c) of this section.  If
a lead agency or a responsible agency fails to act within those time
limits, the applicant may file an action pursuant to Section 1085 of
the Code of Civil Procedure to compel the agency to approve or
disapprove the permit for the project within a reasonable time, as
the court may determine.
  SEC. 11.  Section 25199.10 of the Health and Safety Code is amended
to read:
   25199.10.  (a) If an appeal is filed pursuant to subdivision (b),
(d), or (e) of Section 25199.9, or paragraph (3) of subdivision (c)
of Section 25199.9, the Governor or the Governor's designee shall
determine within five working days whether the proponent has obtained
all permits for the specified hazardous waste facility project which
can be obtained before construction from those responsible agencies
which are state agencies, and which were obtainable when the appeal
was filed.  If, because the application for the appeal is incomplete,
the Governor or the Governor's designee is unable to determine,
within five working days, whether or not the appeal board should be
convened, the Governor or the Governor's designee shall return the
application for appeal to the proponent or interested party who filed
the appeal.  The proponent or interested party shall resubmit the
completed application for an appeal within 20 calendar days after
receiving the returned appeal and if the proponent or interested
party fails to do so, the Governor or the Governor's designee shall
not reconsider whether to convene an appeal board.
   (b) If the Governor or the Governor's designee determines,
pursuant to subdivision (a), that the proponent has obtained all
permits for the specified hazardous waste facility project which can
be obtained before construction from those responsible agencies which
are state agencies, or if an appeal is filed pursuant to paragraph
(1) of subdivision (c) of Section 25199.9, the Governor or the
Governor's designee shall convene an appeal board within 30 days
after making that determination or receiving that appeal, by
requesting the League of California Cities and the County Supervisors
Association of California to each nominate persons for appointment
to an appeal board, as specified in paragraphs (6) and (7) of
subdivision (c).
   (c) An appeal board shall consist of seven members, five of whom
shall be the members listed in paragraphs (1) to (5), inclusive, and
two of whom shall be separately appointed for each particular appeal,
as provided in paragraphs (6) and (7).  An appeal board shall
consist of the following members:
   (1) The Director of Toxic Substances Control.
   (2) The Chairperson of the State Air Resources Board.
   (3) The Chairperson of the State Water Resources Control Board.
   (4) A member of a county board of supervisors appointed by the
Senate Committee on Rules who shall be selected from the persons
nominated by the County Supervisors Association of California.  The
appointment shall be for a period of four years, but shall terminate
earlier if the appointee does not continue in office as a member of a
board of supervisors.
   (5) A member of a city council appointed by the Speaker of the
Assembly who shall be selected from the persons nominated by the
League of California Cities.  The appointment shall be for a period
of four years, but shall terminate earlier if the appointee does not
continue in office as a member of a city council.
   (6) A member of a county board of supervisors appointed by the
Speaker of the Assembly who shall be selected from the persons
nominated by the County Supervisors Association of California.  The
member shall be from the county in which the specified hazardous
waste facility project which is the subject of the appeal is located.
  However, if the member appointed pursuant to paragraph (4) is from
the county in which the specified hazardous waste facility project is
located, the member appointed pursuant to this paragraph shall not
be from that same county.  If the appointee appointed pursuant to
this paragraph does not continue in office as a member of a board of
supervisors for the duration of the appeal for which the appointment
was made, the appointment shall terminate and a new appointment shall
be made.
   (7) A member of a city council appointed by the Senate Committee
on Rules who shall be selected from the persons nominated by the
League of California Cities.  The member shall be from the city in
which the specified hazardous waste facility project which is the
subject of the appeal is located, or from the city which the Governor
or the Governor's designee determines to be the most directly
affected by the project if the project is not located in a city.
However, if the member appointed under paragraph (5) is from a city
in the county in which the specified hazardous waste facility project
is located, the member appointed under this paragraph shall be from
a city in a different county.  If the appointee appointed pursuant to
this paragraph does not continue in office as a member of a city
council for the duration of the appeal for which the appointment was
made, the appointment shall terminate and a new appointment shall be
made.
   (d) The appeal board shall issue the final decision upon an appeal
in writing and the members of the appeal board shall sign the
decision.
   (e) The Director of Toxic Substances Control, the Chairperson of
the State Air Resources Board, and the Chairperson of the State Water
Resources Control Board may designate an alternate to attend any
meetings or hearings of an appeal board in that person's place,
except that the alternate may not vote on a final decision on an
appeal or sign the written decision in place of the person for whom
the person serves as alternate.
   (f) The Governor or the Governor's designee shall designate staff
to serve the appeal board.
  SEC. 12.  Section 25201.6 of the Health and Safety Code is amended
to read:
   25201.6.  (a) For purposes of this section and Section 25205.2,
the following terms have the following meaning:
   (1) "Series A standardized permit" means a permit issued to a
facility that meets one or more of the following conditions:
   (A) The total influent volume of liquid hazardous waste treated is
greater than 50,000 gallons per calendar month.
   (B) The total volume of solid hazardous waste treated is greater
than 100,000 pounds per calendar month.
   (C) The total facility storage design capacity is greater than
500,000 gallons for liquid hazardous waste.
   (D) The total facility storage design capacity is greater than 500
tons for solid hazardous waste.
   (E) A volume of liquid or solid hazardous waste is stored at the
facility for more than one calendar year.
   (2) "Series B standardized permit" means a permit issued to a
facility that does not store liquid or solid hazardous waste for a
period of more than one calendar year, that does not exceed any of
the upper volume limits specified in subparagraphs (A) to (D),
inclusive, and that meets one or more of the following conditions:
   (A) The total influent volume of liquid hazardous waste treated is
greater than 5,000 gallons, but does not exceed 50,000 gallons, per
calendar month.
   (B) The total volume of solid hazardous waste treated is greater
than 10,000 pounds, but does not exceed 100,000 pounds, per calendar
month.
   (C) The total facility storage design capacity is greater than
50,000 gallons, but does not exceed 500,000 gallons, for liquid
hazardous waste.
   (D) The total facility storage design capacity is greater than
100,000 pounds, but does not exceed 500 tons, for solid hazardous
waste.
   (3) "Series C standardized permit" means a permit issued to a
facility that does not store liquid or solid hazardous waste for a
period of more than one calendar year, that does not conduct thermal
treatment of hazardous waste, with the exception of evaporation, and
that either meets the requirements of paragraph (3) of subdivision
(g) or meets all of the following conditions:
   (A) The total influent volume of liquid hazardous waste treated
does not exceed 5,000 gallons per calendar month.
   (B) The total volume of solid hazardous waste treated does not
exceed 10,000 pounds per calendar month.
   (C) The total facility storage design capacity does not exceed
50,000 gallons for liquid hazardous waste.
   (D) The total facility storage design capacity does not exceed
100,000 pounds for solid hazardous waste.
   (b) The department shall adopt regulations specifying standardized
hazardous waste facilities permit application forms that may be
completed by a non-RCRA Series A, B, or C treatment, storage, or
treatment and storage facility, in lieu of other hazardous waste
facilities permit application procedures set forth in regulations.
The department shall not issue permits under this section to specific
classes of facilities unless the department finds that doing so will
not create a competitive disadvantage to a member or members of that
class that were in compliance with the permitting requirements which
were in effect on September 1, 1992.
   (c) The regulations adopted pursuant to subdivision (b) shall
include all of the following:
   (1) Require that the standardized permit notification be submitted
to the department on or before October 1, 1993, for facilities
existing on or before September 1, 1992, except for facilities
specified in paragraphs (2) and (3) of subdivision (g).  The
standardized permit notification shall include, at a minimum, the
information required for a Part A application as described in the
regulations adopted by the department.
   (2) Require that the standardized permit application be submitted
to the department within six months of the submittal of the
standardized permit notification.  The standardized permit
application shall require, at a minimum, that the following
information be submitted to the department for review prior to the
final permit determination:
   (A) A description of the treatment and storage activities to be
covered by the permit, including the type and volumes of waste, the
treatment process, equipment description, and design capacity.
   (B) A copy of the closure plan as required by paragraph (13) of
subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
   (C) A description of the corrective action program, as required by
Section 25200.10.
   (D) Financial responsibility documents specified in paragraph (17)
of subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
   (E) A copy of the topographical map as specified in paragraph (18)
of subdivision (b) of Section 66270.14 of Title 22 of the California
Code of Regulations.
   (F) A description of the individual container, and tank and
containment system, and of the engineer's certification, as specified
in Sections 66270.15 and 66270.16 of Title 22 of the California Code
of Regulations.
   (G) Documentation of compliance, if applicable, with the
requirements of Article 8.7 (commencing with Section 25199).
   (3) Require that a facility operating pursuant to a standardized
permit comply with the liability assurance requirements in Section
25200.1.
   (4) Specify which of the remaining elements of the permit
application, as described in subdivision (b) of Section 66270.14 of
Title 22 of the California Code of Regulations, shall be the subject
of a certification of compliance by the applicant.
   (5) Establish a procedure for imposing an administrative penalty
pursuant to Section 25187, in addition to any other penalties
provided by this chapter, upon an owner or operator of a treatment or
storage facility that is required to obtain a hazardous waste
facilities permit and that meets the criteria for a Series A, B, or C
permit listed in subdivision (a), who does not submit a standardized
permit notification to the department on or before the submittal
deadline specified in paragraph (1) or the submittal deadline
specified in paragraph (2) or (3) of subdivision (g), whichever date
is applicable, and who continues to operate the facility without
obtaining a hazardous waste facilities permit or other grant of
authorization from the department after the applicable deadline for
submitting the notification to the department.  In determining the
amount of the administrative penalty to be assessed, the regulations
shall require the amount to be based upon the economic benefit gained
by that owner or operator as a result of failing to comply with this
section.
   (6) Require that a facility operating pursuant to a standardized
permit comply, at a minimum, with the interim status facility
operating requirements specified in the regulations adopted by the
department, except that the regulations adopted pursuant to this
section may specify financial assurance amounts necessary to
adequately respond to damage claims at levels that are less than
those required for interim status facilities if the department
determines that lower financial assurance levels are appropriate.
   (d) (1) Any regulations adopted pursuant to this section may be
adopted as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
   (2) On and before January 1, 1995, the adoption of the regulations
pursuant to paragraph (1) is an emergency and shall be considered by
the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, and general
welfare.
   (e) The department may not grant a permit under this section
unless the department has determined the adequacy of the material
submitted with the application and has conducted an inspection of the
facility and determined all of the following:
   (1) The treatment process is an effective method of treating the
waste, as described in the permit application.
   (2) The corrective action plan is appropriate for the facility.
   (3) The financial assurance is sufficient for the facility.
   (f) (1) Interim status shall not be granted to a facility that
does not submit a standardized permit notification on or before
October 1, 1993, unless the facility is subject to paragraph (2) or
(3) of subdivision (g).
   (2) Interim status shall be revoked if the permit application is
not submitted within six months of the permit notification.
   (3) Interim status granted to any facility pursuant to this
section and Sections 25200.5 and 25200.9 shall terminate upon a final
permit determination or January 1, 1998, whichever date is earlier.
This paragraph shall apply retroactively to facilities for which a
final permit determination is made on or after September 30, 1995.
   (4) A treatment, storage, or treatment and storage facility
operating pursuant to interim status that applies for a permit
pursuant to this section shall pay fees to the department in an
amount equal to the fees established by subdivision (e) of Section
25205.4 for the same size and type of facility.
   (g) (1) Except as provided in paragraphs (2), (3), and (4), a
facility treating used oil or solvents, or which engages in
incineration, thermal destruction, or any land disposal activity, is
not eligible for a standardized permit pursuant to this section.
   (2) (A) Notwithstanding paragraph (1), an offsite facility
treating solvents is eligible for a standardized permit pursuant to
this section if all of the following conditions are met:
   (i) The facility exclusively treats solvent wastes, and is not
required to obtain a permit pursuant to the federal act.
   (ii) The solvent wastes that the facility treats are only the
types of solvents generated from dry cleaning operations.
   (iii) Ninety percent or more of the solvents that the facility
receives are from dry cleaning operations.
   (iv) Ninety percent or more of the solvents that the facility
receives are recycled and sold by the facility, excluding recycling
for energy recovery, provided that the facility does not produce more
than 15,000 gallons per month of recycled solvents.
   (B) A facility that is eligible for a standardized permit pursuant
to this paragraph is also eligible for the fee exemption provided in
subdivision (d) of Section 25205.12 for any year or reporting period
prior to January 1, 1995, if the owner or operator complies with the
notification and application
     requirements of this section on or before March 1, 1995.
   (C) A facility treating solvents pursuant to this paragraph shall
clearly label all recycled solvents as recycled prior to subsequent
sale or distribution.
   (D) Notwithstanding that a facility eligible for a standardized
permit pursuant to this paragraph meets the eligibility requirements
for a Series C standardized permit specified in paragraph (3) of
subdivision (a), the facility shall obtain and meet the requirements
for a Series B standardized permit specified in paragraph (2) of
subdivision (a).
   (E) Notwithstanding any other provision of this chapter, for
purposes of this paragraph, if the recycled material is to be used
for dry cleaning, "recycled" means the removal of water and
inhibitors from waste solvent and the production of dry cleaning
solvent with an appropriate inhibitor for dry cleaning use.  The
removal of inhibitors is not required if all of the solvents received
by the facility that are recycled for dry cleaning use are from dry
cleaners.
   (3) (A) Notwithstanding paragraph (1), an owner or operator with a
surface impoundment used only to contain non-RCRA wastes generated
onsite, that holds those wastes for not more than one 30-day period
in any calendar year, and that meets the criteria specified in
paragraphs (i) to (iii), inclusive, may submit a Series C
standardized permit application to the department.  A surface
impoundment is eligible for operation under the Series C standardized
permit tier if all of the following requirements are met:
   (i) The waste and any residual materials are removed from the
surface impoundment within 30 days of the date the waste was first
placed into the surface impoundment.
   (ii) The owner or operator has, and is in compliance with, current
waste discharge requirements issued by the appropriate California
regional water quality control board for the surface impoundment.
   (iii) The owner or operator complies with all applicable
groundwater monitoring requirements of the regulations adopted by the
department pursuant to this chapter.
   (B) A facility that is eligible for a standardized permit pursuant
to this paragraph is also eligible for the fee exemption provided in
subdivision (d) of Section 25205.12 for any year or reporting period
prior to January 1, 1996, if the owner or operator complies with the
notification and application requirements of this section on or
before March 1, 1996.
   (4) For purposes of this subdivision, treating solvents and
thermal destruction do not include the incidental destruction of
small amounts of nonmetal constituents in a thermal treatment unit
that is operated solely for the purpose of the recovery of precious
metals, if that unit is operating pursuant to a standardized permit
issued by the department.
   (h) Facilities operating pursuant to this section shall comply
with Article 4 (commencing with Section 66270.40) of Chapter 20 of
Division 4.5 of Title 22 of the California Code of Regulations.
   (i) (1) The department shall require an owner or operator applying
for a standardized permit to complete and file a phase I
environmental assessment with the application.  However, if a RCRA
facility assessment has been performed by the department, the
assessment shall be deemed to satisfy the requirement of this
subdivision to complete and file a phase I environmental assessment,
and the facility shall not be required to submit a phase I
environmental assessment with its application.
   (2) (A) For purposes of this subdivision, the phase I
environmental assessment shall include a preliminary site assessment,
as described in subdivision (a) of Section 25200.14, except that the
phase I environmental assessment shall also include a certification,
signed, except as provided in subparagraph (B), by the owner, and
also by the operator if the operator is not the owner, of the
facility and an independent professional engineer, geologist, or
environmental assessor registered in the state.
   (B) Notwithstanding subparagraph (A), the certification for a
permanent household waste collection facility may be signed by any
professional engineer, geologist, or environmental assessor
registered in the state, including, but not limited to, such a person
employed by the governmental entity, but if the facility owner is
not a governmental entity, the engineer, geologist, or assessor
signing the certification shall not be employed by, or be an agent
of, the facility owner.
   (3) The certification specified in paragraph (2) shall state
whether evidence of a release of hazardous waste or hazardous
constituents has been found.
   (4) If evidence of a release has been found, the facility shall
complete a detailed site assessment to determine the nature and
extent of any contamination resulting from the release and shall
submit a corrective action plan to the department, within one year of
submittal of the standardized permit application.
   (j) The department shall establish an inspection program to
identify, inspect, and bring into compliance any treatment, storage,
or treatment and storage facility which is eligible for, and is
required to obtain, a standardized hazardous waste facilities permit
pursuant to this section, and which is operating without a permit or
other grant of authorization from the department for that treatment
or storage activity.
   (k) A treatment, storage, or treatment and storage facility
authorized to operate pursuant to a hazardous waste facilities permit
issued pursuant to Section 25200, which meets the criteria listed in
subdivision (a) for a standardized permit, may operate pursuant to a
Series A, B, or C standardized permit by completing the appropriate
permit modification procedure specified in the regulations for such a
modification.
  SEC. 13.  Section 25201.15 of the Health and Safety Code is amended
to read:
   25201.15.  (a) For the purposes of this section, the following
terms have the following meaning:
   (1) "Biotechnology manufacturing or biotechnology process
development activities" means activities conducted in SIC Code
subgroups 283, 2833, 2834, 2835, 2836, 8731, 8732, and 8733,
including manufacturing and process development of medicinal
chemicals and botanical products, pharmaceutical preparations, in
vitro and in vivo diagnostic substances, and biological products, and
all associated equipment and vessel cleaning and maintenance
operations.
   (2) "Biotechnology elementary neutralization activities" means the
elementary neutralization of wastes generated by biotechnology
manufacturing or biotechnology process development activities.
   (3) "SIC Code" has the same meaning as defined in subdivision (u)
of Section 25501.
   (b) The Legislature hereby finds and declares that the
biotechnology industry's elementary neutralization of hazardous
wastes is a common, safe, and standard practice that typically occurs
in a wastewater collection system, and that does not warrant
extensive regulatory oversight.
   (c) Biotechnology elementary neutralization activities are exempt
from any requirement imposed pursuant to this chapter, including any
regulation adopted pursuant to this chapter, that relates to
generators, tanks, and tank systems, and the requirement to obtain a
hazardous waste facilities permit or other grant of authorization
from the department, except as otherwise provided in subdivision (d),
if all of the following conditions are met:
   (1) A permit is not required to conduct elementary neutralization
under the federal act.
   (2) The hazardous wastes are hazardous solely due to acidic or
alkaline materials, and are generated by biotechnology process
manufacturing or biotechnology process development activities.
   (3) Either of the following applies with regard to the
biotechnology elementary neutralization activity:
   (A) The hazardous wastes in the elementary neutralization unit do
not contain more than 10 percent by weight acid or alkaline
constituents.
   (B) The generator of the hazardous wastes determines that the
elementary neutralization process will not raise the temperature of
the hazardous wastes to within 10 degrees of the boiling point or
cause the release of hazardous gaseous emissions, using either
constituent-specific concentration limits or calculations.  The
generator shall make these calculations in accordance with the
regulations adopted by the department, if the department adopts those
regulations.
   (4) The hazardous wastes are not diluted for the sole purpose of
meeting the criteria specified in subparagraph (A) of paragraph (3)
and after neutralization the wastewaters do not exhibit the
characteristic of corrosivity, as defined in Section 66261.22 of
Title 22 of the California Code of Regulations, or any successor
regulation.
   (5) The temperature of any unit 100 gallons or larger is
automatically monitored, and is fitted with a high temperature alarm
system, and for closed systems, the unit automatically controls the
adding and mixing of corrosive and neutralizing solutions.
   (d) The operator of an elementary neutralization unit exempt under
this section shall comply with the following requirements:
   (1) An operator of an elementary neutralization unit subject to
this section shall successfully complete a program of classroom
instruction or on-the-job training that includes, at a minimum,
instruction for responding effectively to emergencies by
familiarizing personnel with emergency procedures, emergency
equipment, and emergency systems, including, where applicable,
procedures for using, inspecting, repairing, and replacing facility
emergency and monitoring equipment, communications, or alarm systems.

   (2) Within 10 days of commencing initial operation of the unit, or
within any other time period that may be required by the CUPA, the
operator shall notify the CUPA of the commencement of operation of
the unit under the exemption made pursuant to this section.  If the
operator is not under the jurisdiction of a CUPA, the notice shall be
sent to the officer of the agency authorized, pursuant to
subdivision (f) of Section 25404.3, to implement and enforce the
requirements of this chapter listed in paragraph (2) of subdivision
(c) of Section 25404.
   (e) Notwithstanding any other provision of law, unless required by
federal law, biotechnology elementary neutralization activities
satisfying the requirements of subdivisions (c) and (d) are exempt
from any statute or any regulation adopted pursuant to state law
requiring the elementary neutralization unit to have secondary
containment for piping or ancillary equipment, including, but not
limited to, a regulation adopted by the State Water Resources Control
Board, the department, or any other state agency.
  SEC. 13.5.  Section 25244.15 of the Health and Safety Code is
amended to read:
   25244.15.  (a) The department shall establish a program for
hazardous waste source reduction pursuant to this article.
   (b) The department shall coordinate the activities of all state
agencies with responsibilities and duties relating to hazardous waste
and shall promote coordinated efforts to encourage the reduction of
hazardous waste.  Coordination between the program and other relevant
state agencies and programs shall, to the fullest extent possible,
include joint planning processes and joint research and studies.
   (c) The department shall adopt regulations to carry out this
article.
   (d) (1) Except as provided in paragraph (3), this article applies
only to generators who, by site, routinely generate, through ongoing
processes and operations, more than 12,000 kilograms of hazardous
waste in a calendar year, or more than 12 kilograms of extremely
hazardous waste in a calendar year.
   (2) The department shall adopt regulations to establish procedures
for exempting generators from the requirements of this article where
the department determines that no source reduction opportunities
exist for the generator.
   (3) Notwithstanding paragraph (1), this article does not apply to
any generator whose hazardous waste generating activity consists
solely of receiving offsite hazardous wastes and generating residuals
from the processing of those hazardous wastes.
  SEC. 14.  Section 25244.19 of the Health and Safety Code is amended
to read:
   25244.19.  (a) On or before September 1, 1991, and every four
years thereafter, each generator shall conduct a source reduction
evaluation review and plan pursuant to subdivision (b).
   (b) Except as provided in subdivision (c), the source reduction
evaluation review and plan required by subdivision (a) shall be
conducted and completed for each site pursuant to the format adopted
pursuant to subdivision (a) of Section 25244.16 and shall include, at
a minimum, all of the following:
   (1) The name and location of the site.
   (2) The SIC Code of the site.
   (3) Identification of all routinely generated hazardous waste
streams that annually weigh 600 kilograms or more and that result
from ongoing processes or operations and exceed 5 percent of the
total yearly weight of hazardous waste generated at the site, or, for
extremely hazardous waste, that annually weigh 0.6 kilograms or more
and exceed 5 percent of the total yearly weight of extremely
hazardous waste generated at the site.  For purposes of this
paragraph, a hazardous waste stream identified pursuant to this
paragraph shall also meet one of the following criteria:
   (A) It is a hazardous waste stream processed in a wastewater
treatment unit that discharges to a publicly owned treatment works or
under a national pollutant discharge elimination system (NPDES)
permit, as specified in the Federal Water Pollution Control Act, as
amended (33 U.S.C. Sec. 1251 and following).
   (B) It is a hazardous waste stream that is not processed in a
wastewater treatment unit and its weight exceeds 5 percent of the
weight of the total yearly volume at the site, less the weight of any
hazardous waste stream identified in subparagraph (A).
   (4) For each hazardous waste stream identified in paragraph (3),
the review and plan shall include all of the following information:
   (A) An estimate of the quantity of hazardous waste generated.
   (B) An evaluation of source reduction approaches available to the
generator that are potentially viable.  The evaluation shall consider
at least all of the following source reduction approaches:
   (i) Input change.
   (ii) Operational improvement.
   (iii) Production process change.
   (iv) Product reformulation.
   (5) A specification of, and a rationale for, the technically
feasible and economically practicable source reduction measures that
will be taken by the generator with respect to each hazardous waste
stream identified in paragraph (3).  The review and plan shall fully
document any statement explaining the generator's  rationale for
rejecting any available source reduction approach identified in
paragraph (4).
   (6) An evaluation, and, to the extent practicable, a
quantification, of the effects of the chosen source reduction method
on emissions and discharges to air, water, or land.
   (7) A timetable for making reasonable and measurable progress
towards implementation of the selected source reduction measures
specified in paragraph (5).
   (8) Certification pursuant to subdivision (d).
   (9) Any generator subject to this article shall include in its
source reduction evaluation review and plan four-year numerical goals
for reducing the generation of hazardous waste streams through the
approaches provided for in subparagraph (B) of paragraph (4), based
upon its best estimate of what is achievable in that four-year
period.
   (10) A summary progress report that briefly summarizes and, to the
extent practicable, quantifies, in a manner that is understandable
to the general public, the results of implementing the source
reduction methods identified in the generator's review and plan for
each waste stream addressed by the  previous plan over the previous
four years.  The report shall also include an estimate of the amount
of reduction that the generator anticipates will be achieved by the
implementation of source reduction methods during the period between
the preparation of the review and plan and the preparation of the
generator's next review and plan.  Notwithstanding any other
provision of this section, the summary progress report required to be
prepared pursuant to this paragraph shall be submitted to the
department on or before September 1, 1999, and every four years
thereafter.
   (c) If a generator owns or operates multiple sites with similar
processes, operations, and waste streams, the generator may prepare a
single multisite review and plan addressing all of these sites.
   (d) Every review and plan conducted pursuant to this section shall
be submitted by the generator for review and certification by an
engineer who is registered as a professional engineer pursuant to
Section 6762 of the Business and Professions Code and who has
demonstrated expertise in hazardous waste management, by an
individual who is responsible for the processes and operations of the
site, or by an environmental assessor who is registered pursuant to
Section 25570.3 and who has demonstrated expertise in hazardous waste
management.  The engineer, individual, or environmental assessor
shall certify the review and plan only if the review and plan meet
all of the following requirements:
   (1) The review and plan addresses each hazardous waste stream
identified pursuant to paragraph (3) of subdivision (b).
   (2) The review and plan addresses the source reduction approaches
specified in subparagraph (B) of paragraph (4) of subdivision (b).
   (3) The review and plan clearly sets forth the measures to be
taken with respect to each hazardous waste stream for which source
reduction has been found to be technically feasible and economically
practicable, with timetables for making reasonable and measurable
progress, and properly documents the rationale for rejecting
available source reduction measures.
   (4) The review and plan does not merely shift hazardous waste from
one environmental medium to another environmental medium by
increasing emissions or discharges to air, water, or land.
   (e) At the time a review and plan is submitted to the department
or the unified program agency, the generator shall certify that the
generator has implemented, is implementing, or will be implementing,
the source reduction measures identified in the review and plan in
accordance with the implementation schedule contained in the review
and plan.  A generator may determine not to implement a measure
selected in paragraph (5) of subdivision (b) only if the generator
determines, upon conducting further analysis or due to unexpected
circumstances, that the selected measure is not technically feasible
or economically practicable, or if attempts to implement that measure
reveal that the measure would result in, or has resulted in, any of
the following:
   (1) An increase in the generation of hazardous waste.
   (2) An increase in the release of hazardous chemicals to other
environmental media.
   (3) Adverse impacts on product quality.
   (4) A significant increase in the risk of an adverse impact to
human health or the environment.
   (f) If the generator elects not to implement the review and plan,
including, but not limited to, a selected measure pursuant to
subdivision (e), the generator shall amend its review and plan to
reflect that election and include in the review and plan proper
documentation identifying the rationale for that election.
  SEC. 15.  Section 25244.20 of the Health and Safety Code is amended
to read:
   25244.20.  (a) On or before September 1, 1991, and every four
years thereafter, each generator shall prepare a hazardous waste
management performance report documenting hazardous waste management
approaches implemented by the generator.
   (b) Except as provided in subdivision (d), the hazardous waste
management performance report required by subdivision (a) shall be
prepared for each site in accordance with the format adopted pursuant
to subdivision (a) of Section 25244.16 and shall include all of the
following:
   (1) The name and location of the site.
   (2) The SIC Code for the site.
   (3) All of the following information for each waste stream
identified pursuant to paragraph (3) of subdivision (b) of Section
25244.19:
   (A) An estimate of the quantity of hazardous waste generated and
the quantity of hazardous waste managed, both onsite and offsite,
during the current reporting year and the baseline year, as specified
in subdivision (c).
   (B) An abstract for each source reduction, recycling, or treatment
technology implemented from the baseline year through the current
reporting year, if the reporting year is different from the baseline
year.
   (C) A description of factors during the current reporting year
that have affected hazardous waste generation and onsite and offsite
hazardous waste management since the baseline year, including, but
not limited to, any of the following:
   (i) Changes in business activity.
   (ii) Changes in waste classification.
   (iii) Natural phenomena.
   (iv) Other factors that have affected either the quantity of
hazardous waste generated or onsite and offsite hazardous waste
management requirements.
   (4) The certification of the report pursuant to subdivision (e).
   (c) For purposes of subdivision (b), the following definitions
apply:
   (1) The current reporting year is the calendar year immediately
preceding the year in which the report is to be prepared.
   (2) The baseline year is either of the following, whichever is
applicable:
   (A) For the initial report, the baseline year is the calendar year
selected by the generator for which substantial hazardous waste
generation, or onsite or offsite management, data is available prior
to 1991.
   (B) For all subsequent reports, the baseline year is the current
reporting year of the immediately preceding report.
   (d) If a generator owns or operates multiple sites with similar
processes, operations, and waste streams, the generator may prepare a
single multisite report addressing all of these sites.
   (e) Every report completed pursuant to this section shall be
submitted by the generator for review and certification by an
engineer who is registered as a professional engineer pursuant to
Section 6762 of the Business and Professions Code and who has
demonstrated expertise in hazardous waste management, by an
individual who is responsible for the processes and operations of the
site, or by an environmental assessor who is registered pursuant to
Section 25570.3 and who has demonstrated expertise in hazardous waste
management.  The engineer, individual, or environmental assessor
shall certify the report only if the report identifies factors that
affect the generation and onsite and offsite management of hazardous
wastes and summarizes the effect of those factors on the generation
and onsite and offsite management of hazardous wastes.
  SEC. 16.  Section 25250.27 is added to the Health and Safety Code,
to read:
   25250.27.  (a) Nothing in this article prohibits a generator from
managing and transporting used oil, to the extent consistent with
federal law, in accordance with Sections 25110.10, 25121.3, and
25163.3, if the generator meets the requirements specified in
Sections 25110.10, 25121.3, and 25163.3.
   (b) This section does not constitute a change in, but is
declaratory of, existing law.
  SEC. 17.  Section 25420 of the Health and Safety Code is amended to
read:
   25420.  For purposes of this chapter, the following definitions
apply:
   (a) "Department" means the Department of Toxic Substances Control.

   (b) "Gas corporation" has the same meaning as defined in Section
222 of the Public Utilities Code and is subject to rate regulation by
the Public Utilities Commission.
   (c) "Person" means an individual, trust, firm, joint stock
company, partnership, association, business concern, limited
liability company, or corporation.  "Person" also includes any city,
county, district, and the state or any department or agency thereof,
or the federal government or any department or agency thereof to the
extent permitted by law.
  SEC. 18.  Section 41805.5 of the Health and Safety Code is amended
to read:
   41805.5.  (a) Except as provided in subdivisions (b) and (c), the
operator of a solid waste disposal site shall submit to the district
on or before July 1, 1987, a solid waste air quality assessment test
report that contains all of the following:
   (1) Test results to determine if there is any underground landfill
gas migration beyond the solid waste disposal site's perimeter.
   (2) Analyses for specified air contaminants in the ambient air
adjacent to the solid waste disposal site to determine the effect of
the site on air quality.
   (3) Chemical characterization test results to determine the
composition of gas streams immediately above the solid waste disposal
site, or immediately above the solid waste disposal site and within
the solid waste disposal site, as appropriate, as determined by the
district.
   (4) Any other information that the district board requires, by
emergency regulation.
   The solid waste air quality assessment test report shall be
prepared in accordance with the guidelines developed by the state
board pursuant to subdivision (d).
   (b) The operator of an inactive solid waste disposal site shall
complete and submit the screening questionnaire, developed pursuant
to subdivision (e), to the district on or before November 1, 1986,
unless the operator is required to submit a report containing the
same information specified in subdivision (a) pursuant to a federal,
state, or district order, or unless exempted pursuant to subdivision
(c).  The district shall evaluate the submitted screening
questionnaires in accordance with the guidelines developed pursuant
to subdivision (e) and shall determine whether the operator of the
site is required to submit all, or a portion of, the information
required to be reported in a solid waste air quality assessment test
report.  The district shall notify the operator in writing on or
before January 1, 1987, of the information identified in subdivision
(a) to be submitted for the site.  After receiving this notification,
the operator of the inactive solid waste disposal site shall submit
a solid waste air quality assessment test report containing the
required information on or before January 1, 1988, to the district.
   (c) A district may exempt from subdivisions (a) and (b) a solid
waste disposal site or inactive solid waste disposal site that has
accepted or                                            now contains
only inert and nondecomposable solids.  To receive an exemption, the
operator of the site shall submit, on or before November 1, 1986, a
copy of all permits, all waste discharge requirements pertinent to
the site, and any other data necessary for the district to determine
whether an exemption should be granted to the site.
   (d) On or before February 1, 1987, the state board, in
coordination with the districts, shall develop and publish test
guidelines for the solid waste air quality assessment report
specifying the air contaminants to be tested for and identifying
acceptable testing, analytical, and reporting methods to be employed
in completing the report.
   (e) On or before October 1, 1986, the state board, in coordination
with the districts, shall develop and publish a screening
questionnaire for inactive solid waste disposal sites and guidelines
for evaluating the questionnaire by the districts pursuant to
subdivision (b).  The screening questionnaire and guidelines shall
require an inactive solid waste disposal site to be evaluated based
on the nature and age of materials in the site, the quantity of
materials in the site,  the size of the site, and other appropriate
factors.  The guidelines for evaluating the screening questionnaire
shall require a district to weigh heavily the proximity of the site
to residences, schools, and other sensitive areas, and to pay
particular attention to potential adverse impacts on facilities such
as hospitals and schools, and on residential areas, within one mile
of the site's perimeter.
   (f) A district may reevaluate the status of a solid waste disposal
site, including sites exempted pursuant to subdivision (c), and
require the operator to submit or revise a solid waste air quality
assessment test report after January 1, 1987.  The district shall
give written notification to the operator of the solid waste disposal
site that a solid waste air quality assessment test report is to be
submitted, or that the existing report is to be revised, and the date
by which the report is to be submitted.
   (g) A district shall evaluate any solid waste air quality
assessment test reports submitted pursuant to subdivisions (a), (b),
and (f), and determine if the report's testing, analytical, and
reporting methods comply with the guidelines developed pursuant to
subdivision (d).  If the district determines that the solid waste air
quality assessment test report complies with the guidelines, it
shall evaluate the data.  If the district determines, after
evaluation of the report and consultation with the state department
and the California Integrated Waste Management Board, that levels of
one or more specified air contaminants pose a health risk to human
beings or a threat to the environment, the district shall take
appropriate remedial action.
   (h) If a district determines that a solid waste air quality
assessment test report does not comply with the guidelines developed
pursuant to subdivision (d),  the district shall provide the operator
of the site with a written notice specifying the inadequacies of the
report and shall require the operator to correct the deficiencies
and resubmit the report by a date determined by the district.
   (i) For the purpose of this section, the following definitions
apply:
   (1) "Inactive solid waste disposal site" means a solid waste
disposal site that has not received any solid waste for disposal
after January 1, 1984.
   (2) "Landfill gas" means any untreated, raw gas derived through a
natural process from the decomposition of organic waste deposited in
a solid waste disposal site or from the evolution of volatile species
in the waste.
   (3) "Operator" means the person who operates or  manages, or who
has operated or managed, the solid waste disposal site.  If the
operator of the solid waste disposal site no longer exists, or is
unable, as determined by the district, to comply with the
requirements of this section, "operator" means any person who owns or
who has owned the solid waste disposal site.
   (4) "Perimeter" means the outer boundary of the entire solid waste
disposal site property.
   (5) "Solid waste disposal site" means a place, location, tract of
land, area, or premises in use, or which has been used, for the
landfill disposal of solid waste, as defined in Section 40191 of the
Public Resources Code, or hazardous waste, as defined in Section
40141 of the Public Resources Code, or both.
   (6) "Specified air contaminants" means  substances determined to
be air contaminants by the state board in coordination with the
districts.  The state board and the districts shall consider
determining the following compounds to be air contaminants for
purposes of this paragraph:  benzene, chloroethene,
1,2-dibromoethane, 1,2-dichloroethane benzyl chloride, chlorobenzene,
dichlorobenzene, 1,1-dichloroethene, dichloromethane, formaldehyde,
hydrogen sulfide, tetrachloroethylene, tetrachloromethane, toluene,
1,1,1-trichloroethan e, trichloroethylene, trichloromethane, xylene,
and any other substance deemed appropriate by the state board or a
district.
  SEC. 19.  Section 41982 of the Health and Safety Code is amended to
read:
   41982.  The state board shall, after completing the study referred
to in Section 41981, in consultation with the affected districts,
the Department of Toxic Substances Control, and the Office of
Environmental Health Hazard Assessment, and after public hearings,
establish guidelines for the issuance of permits by the districts for
the incineration of toxic waste materials.  The guidelines shall
take into consideration factors including, but not limited to, the
following:
   (a) The characteristics of the toxic waste materials to be
incinerated.
   (b) The methods or equipment available to minimize or eliminate
the emission of air contaminants.
   (c) The applicable federal standards, including, but not limited
to, the regulations in Part 264 of Title 40 of the Code of Federal
Regulations (40 CFR 264) concerning standards for owners and
operators of hazardous waste treatment, storage, and disposal
facilities.  Where the guidelines deviate from the adopted federal
standards, the reason for the difference shall be noted by the state
board.
  SEC. 20.  Section 41983 of the Health and Safety Code is amended to
read:
   41983.  (a) This article shall not be construed as preventing any
district from establishing permit criteria more stringent than the
guidelines specified in Section 41982.
   (b) This article shall not be construed as limiting the authority
of the Department of Toxic Substances Control concerning hazardous
waste control (Chapter 6.5 (commencing with Section 25100) of
Division 20), or any regulations adopted pursuant to those
provisions.
  SEC. 21.  Section 3460 of the Public Resources Code is amended to
read:
   3460.  (a) As used in this article:
   (1) "Used oil" has the same meaning as defined in subdivision (a)
of Section 25250.1 of the Health and Safety Code.
   (2) "Recycle" means to prepare used oil for reuse as a petroleum
product by refining, reclaiming, reprocessing, or other means, in
order to attain the standards specified by paragraph (3) of
subdivision (a) of Section 25250.1 of the Health and Safety Code.
"Recycle" does not include the application of used oil to roads for
the purpose of dust control or to the ground for the purpose of weed
abatement.  "Recycle" does not include incineration or burning of
used oil as a fuel.
   (3) "Board" means the California Integrated Waste Management
Board.
   (4) "Person" means any individual, private or public corporation,
partnership, limited liability company, cooperative, association,
estate, municipality, political or jurisdictional subdivision, or
government agency or instrumentality.
   (b) The amendments made to this section by Chapter 1123 of the
Statutes of 1987 do not affect the validity of any existing
regulations of the Department of Toxic Substances Control relating to
the management of used oil blended or diluted with virgin oil or any
partially refined oil product as a hazardous waste, and do not
affect the authority of the Department of Toxic Substances Control to
prohibit blending or diluting used oil with an uncontaminated
product to achieve the standards for recycled oil, as specified in
paragraph (3) of subdivision (a) of Section 25250.1 of the Health and
Safety Code.
  SEC. 22.  Section 3470 of the Public Resources Code is amended to
read:
   3470.  (a) All rules and regulations of the board shall be
adopted, amended, and repealed in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
   (b) The board shall coordinate activities and functions with all
other state agencies, including, but not limited to, the Department
of Toxic Substances Control, the Department of Water Resources, and
the State Water Resources Control Board, in order to avoid
duplication in reporting and information gathering.
  SEC. 23.  Section 30420 of the Public Resources Code is amended to
read:
   30420.  Prior to taking any action on (1) a local coastal program
or any amendment thereto, (2) any coastal development permit, or (3)
any consistency determination or certification, that relates to the
disposal of hazardous substances at sea, the commission shall consult
with the following governmental entities:
   (a) Department of Toxic Substances Control.
   (b) State Lands Commission.
   (c) State Air Resources Board and relevant air pollution control
districts or air quality management districts.
   (d) Department of Fish and Game.
   (e) State Water Resources Control Board and relevant California
regional water quality control boards.
   (f) Secretary for Environmental Protection.
   (g) Governor's Office of Planning and Research.
   (h) The local government located closest to the proposed activity,
or within whose jurisdiction the activity is proposed, or within
whose jurisdiction there may be effects of the proposed activity.
  SEC. 24.  Section 43308 of the Public Resources Code is amended to
read:
   43308.  For those facilities that accept only hazardous wastes and
to which Chapter 6.5 (commencing with Section 25100) of Division 20
of the Health and Safety Code applies, or that accept only low-level
radioactive wastes and to which Chapter 8 (commencing with Section
114960) of Part 9 of Division 104 of the Health and Safety Code
applies, or for those facilities that accept both, the board shall
have no enforcement or regulatory authority.  Except as otherwise
provided in Section 40052, all enforcement activities for those
facilities relative to the control of hazardous wastes shall be
performed by the Department of Toxic Substances Control pursuant to
Article 8 (commencing with Section 25180) of Chapter 6.5 of Division
20 of the Health and Safety Code, and all enforcement activities for
those facilities relative to low-level radioactive wastes shall be
performed by the State Department of Health Services pursuant to
Chapter 8 (commencing with Section 114960) of Part 9 of Division 104
of the Health and Safety Code.
  SEC. 25.  Section 44103 of the Public Resources Code is amended to
read:
   44103.  (a) For those facilities that accept only hazardous
wastes, or that accept only low-level radioactive wastes, or that
accept both, a solid waste facilities permit issued by the
enforcement agency is not required.  A single hazardous waste
facilities permit or low-level radioactive waste facilities permit
issued by the Department of Toxic Substances Control pursuant to
Article 9 (commencing with Section 25200) of Chapter 6.5 of Division
20 of the Health and Safety Code, or by the State Department of
Health Services pursuant to Chapter 8 (commencing with Section
114960) of Part 9 of Division 104 of the Health and Safety Code shall
be the only waste facilities permit or permits necessary for the use
and operation of hazardous waste or low-level radioactive waste
disposal facilities.
   (b) For those facilities that accept both hazardous wastes and
other solid wastes, two permits shall be required, as follows:
   (1) The hazardous waste facilities permit issued by the Department
of Toxic Substances Control pursuant to Article 9 (commencing with
Section 25200) of Chapter 6.5 of Division 20 of the Health and Safety
Code.
   (2) The solid waste facilities permit issued by the enforcement
agency pursuant to this chapter.
   (c) Nothing in this section limits or supersedes any other permit
or licensing requirements imposed by other provisions of law.
  SEC. 26.  Section 13273 of the Water Code is amended to read:
   13273.  (a) The state board shall, on or before January 1, 1986,
rank all solid waste disposal sites, as defined in paragraph (5) of
subdivision (i) of Section 41805.5 of the Health and Safety Code,
based upon the threat they may pose to water quality.  On or before
July 1, 1987, the operators of the first 150 solid waste disposal
sites ranked on the list shall submit a solid waste water quality
assessment test to the appropriate regional board for its examination
pursuant to subdivision (d).  On or before July 1 of each succeeding
year, the operators of the next 150 solid waste disposal sites
ranked on the list shall submit a solid waste water quality
assessment test to the appropriate regional board for its examination
pursuant to subdivision (d).
   (b) Before a solid waste water quality assessment test report may
be submitted to the regional board, a registered geologist,
registered pursuant to Section 7850 of the Business and Professions
Code, a certified engineering geologist, certified pursuant to
Section 7842 of the Business and Professions Code, or a civil
engineer registered pursuant to Section 6762 of the Business and
Professions Code, who has at least five years' experience in
groundwater hydrology, shall certify that the report contains all of
the following information and any other information which the state
board may, by regulation, require:
   (1) An analysis of the surface and groundwater on, under, and
within one mile of the solid waste disposal site to provide a
reliable indication whether there is any leakage of hazardous waste.

   (2) A chemical characterization of the soil-pore liquid in those
areas which are likely to be affected if the solid waste disposal
site is leaking, as compared to geologically similar areas near the
solid waste disposal site which have not been affected by leakage or
waste discharge.
   (c) If the regional board determines that the information
specified in paragraph (1) or (2) is not needed because other
information demonstrates that hazardous wastes are migrating into the
water, the regional board may waive the requirement to submit this
information specified in paragraphs (1) and (2) of subdivision (b).
The regional board shall also notify the Department of Toxic
Substances Control, and shall take appropriate remedial action
pursuant to Chapter 5 (commencing with Section 13300).
   (d) The regional board shall examine the report submitted pursuant
to subdivision (b) and determine whether the number, location, and
design of the wells and the soil testing could detect any leachate
buildup, leachate migration, or hazardous waste migration.  If the
regional board determines that the monitoring program could detect
the leachate and hazardous waste, the regional board shall take the
action specified in subdivision (e).  If the regional board
determines that the monitoring program was inadequate, the regional
board shall require the solid waste disposal site to correct the
monitoring program and resubmit the solid waste assessment test based
upon the results from the corrected monitoring program.
   (e) The regional board shall examine the approved solid waste
assessment test report and determine whether any hazardous waste
migrated into the water.  If the regional board determines that
hazardous waste has migrated into the water, it shall notify the
Department of Toxic Substances Control and the California Integrated
Waste Management Board and shall take appropriate remedial action
pursuant to Chapter 5 (commencing with Section 13300).
   (f) When a regional board revises the waste discharge requirements
for a solid waste disposal site, the regional board shall consider
the information provided in the solid waste assessment test report
and any other relevant site-specific engineering data provided by the
site operator for that solid waste disposal site as part of a report
of waste discharge.
  SEC. 27.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
